Text of FL H 45 (2016)

HB 45 2016 CODING: Words stricken are deletions; words underlined are additions. hb0045-00 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 45 2016 CODING: Words stricken are deletions; words underlined are additions. hb0045-00 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, pregnancy, national 42 origin, age, sexual orientation, gender identity or expression, 43 handicap, or marital status and thereby to protect their 44 interest in personal dignity, to make available to the state 45 their full productive capacities, to secure the state against 46 domestic strife and unrest, to preserve the public safety, 47 health, and general welfare, and to promote the interests, 48 rights, and privileges of individuals within the state. 49 Section 3. Section 760.02, Florida Statutes, is reordered 50 and amended to read: 51 HB 45 2016 CODING: Words stricken are deletions; words underlined are additions. hb0045-00 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 45 2016 CODING: Words stricken are deletions; words underlined are additions. hb0045-00 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 45 2016 CODING: Words stricken are deletions; words underlined are additions. hb0045-00 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, pregnancy, 129 HB 45 2016 CODING: Words stricken are deletions; words underlined are additions. hb0045-00 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 national origin, age, sexual orientation, gender identity or 130 expression, handicap, or marital status and mutual understanding 131 and respect among all members of society all economic, social, 132 racial, religious, and ethnic groups; and the commission shall 133 endeavor to eliminate discrimination against, and antagonism 134 between, persons on the basis of or based on the perception of 135 race, color, religion, sex, national origin, age, sexual 136 orientation, gender identity or expression, handicap, or marital 137 status 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 pregnancy, national origin, age, sexual orientation, gender 144 identity or expression, handicap, or marital status in the areas 145 of education, employment, housing, or public accommodations 146 gives rise to a cause of action for all relief and damages 147 described in s. 760.11(5), unless greater damages are expressly 148 provided for. If the statute prohibiting unlawful discrimination 149 provides an administrative remedy, the action for equitable 150 relief and damages provided for in this section may be initiated 151 only after the plaintiff has exhausted his or her administrative 152 remedy. The term "public accommodations" does not include lodge 153 halls or other similar facilities of private organizations which 154 are made available for public use occasionally or periodically. 155 HB 45 2016 CODING: Words stricken are deletions; words underlined are additions. hb0045-00 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 The right to trial by jury is preserved in any case in which the 156 plaintiff 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 are entitled to the full and equal enjoyment of the 161 goods, services, facilities, privileges, advantages, and 162 accommodations of any place of public accommodation without 163 discrimination or segregation on the ground of or based on the 164 perception of race, color, national origin, sex, sexual 165 orientation, gender identity or expression, pregnancy, handicap, 166 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, pregnancy, national 178 origin, age, sexual orientation, gender identity or expression, 179 handicap, or marital status. 180 (b) To limit, segregate, or classify employees or 181 HB 45 2016 CODING: Words stricken are deletions; words underlined are additions. hb0045-00 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 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, pregnancy, national origin, age, sexual 186 orientation, gender identity or expression, handicap, or marital 187 status. 188 (2) It is an unlawful employment practice for an 189 employment agency to fail or refuse to refer for employment, or 190 otherwise to discriminate against, any individual because of or 191 based on the perception of race, color, religion, sex, 192 pregnancy, national origin, age, sexual orientation, gender 193 identity or expression, handicap, or marital status or to 194 classify or refer for employment any individual on the basis of 195 or based on the perception of race, color, religion, sex, 196 pregnancy, national origin, age, sexual orientation, gender 197 identity or expression, handicap, or marital status. 198 (3) It is an unlawful employment practice for a labor 199 organization: 200 (a) To exclude or to expel from its membership, or 201 otherwise to discriminate against, any individual because of or 202 based on the perception of race, color, religion, sex, 203 pregnancy, national origin, age, sexual orientation, gender 204 identity or expression, handicap, or marital status. 205 (b) To limit, segregate, or classify its membership or 206 applicants for membership, or to classify or fail or refuse to 207 HB 45 2016 CODING: Words stricken are deletions; words underlined are additions. hb0045-00 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 would 208 deprive or tend to deprive any individual of employment 209 opportunities, or adversely affect any individual's status as an 210 employee or as an applicant for employment, because of or based 211 on the perception of such individual's race, color, religion, 212 sex, pregnancy, national origin, age, sexual orientation, gender 213 identity or expression, handicap, or marital status. 214 (4) It is an unlawful employment practice for any 215 employer, labor organization, or joint labor-management 216 committee controlling apprenticeship or other training or 217 retraining, including on-the-job training programs, to 218 discriminate against any individual because of or based on the 219 perception of race, color, religion, sex, pregnancy, national 220 origin, age, sexual orientation, gender identity or expression, 221 handicap, or marital status in admission to, or employment in, 222 any program established to provide apprenticeship or other 223 training. 224 (5) Whenever, in order to engage in a profession, 225 occupation, or trade, it is required that a person receive a 226 license, certification, or other credential, become a member or 227 an associate of any club, association, or other organization, or 228 pass any examination, it is an unlawful employment practice for 229 any person to discriminate against any other person seeking such 230 license, certification, or other credential, seeking to become a 231 member or associate of such club, association, or other 232 organization, or seeking to take or pass such examination, 233 HB 45 2016 CODING: Words stricken are deletions; words underlined are additions. hb0045-00 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 because of or based on the perception of such other person's 234 race, color, religion, sex, pregnancy, national origin, age, 235 sexual orientation, gender identity or expression handicap, or 236 marital status. 237 (6) It is an unlawful employment practice for an employer, 238 labor organization, employment agency, or joint labor-management 239 committee to print, or cause to be printed or published, any 240 notice or advertisement relating to employment, membership, 241 classification, referral for employment, or apprenticeship or 242 other training, indicating any preference, limitation, 243 specification, or discrimination, based on a person's actual or 244 perceived race, color, religion, sex, pregnancy, national 245 origin, age, sexual orientation, gender identity or expression, 246 absence of handicap, or marital status. 247 (8) Notwithstanding any other provision of this section, 248 it is not an unlawful employment practice under ss. 760.01- 249 760.10 for an employer, employment agency, labor organization, 250 or joint labor-management committee to: 251 (a) Take or fail to take any action on the basis of a 252 person's actual or perceived religion, sex, pregnancy, national 253 origin, age, sexual orientation, gender identity or expression, 254 handicap, or marital status in those certain instances in which 255 religion, sex, condition of pregnancy, national origin, age, 256 sexual orientation, gender identity or expression, absence of a 257 particular handicap, or marital status is a bona fide 258 occupational qualification reasonably necessary for the 259 HB 45 2016 CODING: Words stricken are deletions; words underlined are additions. hb0045-00 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 performance of the particular employment to which such action or 260 inaction is related. 261 (9)(a) This section shall not apply to any religious 262 corporation, association, educational institution, or society 263 which conditions opportunities in the area of employment or 264 public accommodation to members of that religious corporation, 265 association, educational institution, or society or to persons 266 who subscribe to its tenets or beliefs. 267 (b) This section shall not prohibit a religious 268 corporation, association, educational institution, or society 269 from giving preference in employment to individuals of a 270 particular religion to perform work connected with the carrying 271 on by such corporations, associations, educational institutions, 272 or societies of its various activities. 273 (c) This section and s. 760.08 shall not apply to limit 274 the free exercise of religion guaranteed by the United States 275 Constitution and the State Constitution. 276 Section 8. Section 509.092, Florida Statutes, is amended 277 to read: 278 509.092 Public lodging establishments and public food 279 service establishments; rights as private enterprises.— 280 (1) Public lodging establishments and public food service 281 establishments are private enterprises, and the operator has the 282 right to refuse accommodations or service to any person who is 283 objectionable or undesirable to the operator, but such refusal 284 may not be based upon the person's actual or perceived race, 285 HB 45 2016 CODING: Words stricken are deletions; words underlined are additions. hb0045-00 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 creed, color, sex, pregnancy, physical disability, sexual 286 orientation, gender identity or expression, or national origin. 287 (2) A person aggrieved by a violation of this section or a 288 violation of a rule adopted under this section has a right of 289 action pursuant to s. 760.11. 290 (3) This section shall not limit the free exercise of 291 religion guaranteed by the United States Constitution and the 292 Florida Constitution. 293 Section 9. Section 760.22, Florida Statutes, is amended to 294 read: 295 760.22 Definitions.—As used in ss. 760.20-760.37, the 296 term: 297 (1) "Commission" means the Florida Commission on Human 298 Relations. 299 (2) "Covered multifamily dwelling" means: 300 (a) A building that which consists of four or more units 301 and has an elevator; or 302 (b) The ground floor units of a building that which 303 consists of four or more units and does not have an elevator. 304 (3) "Discriminatory housing practice" means an act that is 305 unlawful under the terms of ss. 760.20-760.37. 306 (4) "Dwelling" means any building or structure, or portion 307 thereof, which is occupied as, or designed or intended for 308 occupancy as, a residence by one or more families, and any 309 vacant land that which is offered for sale or lease for the 310 HB 45 2016 CODING: Words stricken are deletions; words underlined are additions. hb0045-00 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 construction or location on the land of any such building or 311 structure, or portion thereof. 312 (5) "Familial status" is established when an individual 313 who has not attained the age of 18 years is domiciled with: 314 (a) A parent or other person having legal custody of such 315 individual; or 316 (b) A designee of a parent or other person having legal 317 custody, with the written permission of such parent or other 318 person. 319 (6) "Family" includes a single individual. 320 (7) "Gender identity or expression" has the same meaning 321 as provided in s. 760.02. 322 (8)(7) "Handicap" means: 323 (a) A person has a physical or mental impairment which 324 substantially limits one or more major life activities, or he or 325 she has a record of having, or is regarded as having, such 326 physical or mental impairment; or 327 (b) A person has a developmental disability as defined in 328 s. 393.063. 329 (9)(8) "Person" includes one or more individuals, 330 corporations, partnerships, associations, labor organizations, 331 legal representatives, mutual companies, joint-stock companies, 332 trusts, unincorporated organizations, trustees, trustees in 333 bankruptcy, receivers, and fiduciaries. 334 (10) "Sexual orientation" has the same meaning as provided 335 in s. 760.02. 336 HB 45 2016 CODING: Words stricken are deletions; words underlined are additions. hb0045-00 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 337 subdivision of the State of Florida meeting the requirements of 338 24 C.F.R. part 115, s. 115.6. 339 (12)(10) "To rent" includes to lease, to sublease, to let, 340 and otherwise to grant for a consideration the right to occupy 341 premises not owned by the occupant. 342 Section 10. Subsections (1) through (5) of section 760.23, 343 Florida Statutes, are amended to read: 344 760.23 Discrimination in the sale or rental of housing and 345 other prohibited practices.— 346 (1) It is unlawful to refuse to sell or rent after the 347 making of a bona fide offer, to refuse to negotiate for the sale 348 or rental of, or otherwise to make unavailable or deny a 349 dwelling to any person because of or based on the perception of 350 race, color, national origin, sex, sexual orientation, gender 351 identity or expression, handicap, familial status, or religion. 352 (2) It is unlawful to discriminate against any person in 353 the terms, conditions, or privileges of sale or rental of a 354 dwelling, or in the provision of services or facilities in 355 connection therewith, because of or based on the perception of 356 race, color, national origin, sex, sexual orientation, gender 357 identity or expression, handicap, familial status, or religion. 358 (3) It is unlawful to make, print, or publish, or cause to 359 be made, printed, or published, any notice, statement, or 360 advertisement with respect to the sale or rental of a dwelling 361 that indicates any preference, limitation, or discrimination 362 HB 45 2016 CODING: Words stricken are deletions; words underlined are additions. hb0045-00 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 363 origin, sex, sexual orientation, gender identity or expression, 364 handicap, familial status, or religion or an intention to make 365 any such preference, limitation, or discrimination. 366 (4) It is unlawful to represent to any person because of 367 or based on the perception of the person's race, color, national 368 origin, sex, sexual orientation, gender identity or expression, 369 handicap, familial status, or religion that any dwelling is not 370 available for inspection, sale, or rental when such dwelling is 371 in fact so available. 372 (5) It is unlawful, for profit, to induce or attempt to 373 induce any person to sell or rent any dwelling by a 374 representation regarding the entry or prospective entry into the 375 neighborhood of a person or persons of or perceived to be of a 376 particular race, color, national origin, sex, sexual 377 orientation, gender identity or expression, handicap, familial 378 status, or religion. 379 Section 11. Section 760.24, Florida Statutes, is amended 380 to read: 381 760.24 Discrimination in the provision of brokerage 382 services.—It is unlawful to deny any person access to, or 383 membership or participation in, any multiple-listing service, 384 real estate brokers' organization, or other service, 385 organization, or facility relating to the business of selling or 386 renting dwellings, or to discriminate against him or her in the 387 terms or conditions of such access, membership, or 388 HB 45 2016 CODING: Words stricken are deletions; words underlined are additions. hb0045-00 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, 389 color, national origin, sex, sexual orientation, gender identity 390 or expression, handicap, familial status, or religion. 391 Section 12. Subsection (1) and paragraph (a) of subsection 392 (2) of section 760.25, Florida Statutes, are amended to read: 393 760.25 Discrimination in the financing of housing or in 394 residential real estate transactions.— 395 (1) It is unlawful for any bank, building and loan 396 association, insurance company, or other corporation, 397 association, firm, or enterprise the business of which consists 398 in whole or in part of the making of commercial real estate 399 loans to deny a loan or other financial assistance to a person 400 applying for the loan for the purpose of purchasing, 401 constructing, improving, repairing, or maintaining a dwelling, 402 or to discriminate against him or her in the fixing of the 403 amount, interest rate, duration, or other term or condition of 404 such loan or other financial assistance, because of or based on 405 the perception of the race, color, national origin, sex, sexual 406 orientation, gender identity or expression, handicap, familial 407 status, or religion of such person or of any person associated 408 with him or her in connection with such loan or other financial 409 assistance or the purposes of such loan or other financial 410 assistance, or because of or based on the perception of the 411 race, color, national origin, sex, sexual orientation, gender 412 identity or expression, handicap, familial status, or religion 413 of the present or prospective owners, lessees, tenants, or 414 HB 45 2016 CODING: Words stricken are deletions; words underlined are additions. hb0045-00 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 415 loan or other financial assistance is to be made or given. 416 (2)(a) It is unlawful for any person or entity whose 417 business includes engaging in residential real estate 418 transactions to discriminate against any person in making 419 available such a transaction, or in the terms or conditions of 420 such a transaction, because of or based on the perception of 421 race, color, national origin, sex, sexual orientation, gender 422 identity or expression, handicap, familial status, or religion. 423 Section 13. Section 760.26, Florida Statutes, is amended 424 to read: 425 760.26 Prohibited discrimination in land use decisions and 426 in permitting of development.—It is unlawful to discriminate in 427 land use decisions or in the permitting of development based on 428 a person's actual or perceived race, color, national origin, 429 sex, sexual orientation, gender identity or expression, 430 disability, familial status, religion, or, except as otherwise 431 provided by law, the source of financing of a development or 432 proposed development. 433 Section 14. Paragraph (a) of subsection (5) of section 434 760.29, Florida Statutes, is amended to read: 435 760.29 Exemptions.— 436 (5) Nothing in ss. 760.20-760.37: 437 (a) Prohibits a person engaged in the business of 438 furnishing appraisals of real property from taking into 439 consideration factors other than race, color, national origin, 440 HB 45 2016 CODING: Words stricken are deletions; words underlined are additions. hb0045-00 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, 441 handicap, familial status, or religion. 442 Section 15. Subsection (1) of section 760.60, Florida 443 Statutes, is amended to read: 444 760.60 Discriminatory practices of certain clubs 445 prohibited; remedies.— 446 (1) It is unlawful for a person to discriminate against 447 any individual because of or based on the perception of race, 448 color, religion, gender, national origin, handicap, age above 449 the age of 21, sexual orientation, gender identity or 450 expression, or marital status in evaluating an application for 451 membership in a club that has more than 400 members, that 452 provides regular meal service, and that regularly receives 453 payment for dues, fees, use of space, facilities, services, 454 meals, or beverages directly or indirectly from nonmembers for 455 business purposes. It is unlawful for a person, on behalf of 456 such a club, to publish, circulate, issue, display, post, or 457 mail any advertisement, notice, or solicitation that contains a 458 statement to the effect that the accommodations, advantages, 459 facilities, membership, or privileges of the club are denied to 460 any individual because of or based on the perception of race, 461 color, religion, gender, national origin, handicap, age above 462 the age of 21, sexual orientation, gender identity or 463 expression, or marital status. This subsection does not apply to 464 fraternal or benevolent organizations, ethnic clubs, or 465 HB 45 2016 CODING: Words stricken are deletions; words underlined are additions. hb0045-00 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 466 prevalent. 467 Section 16. Paragraph (e) of subsection (1) of section 468 419.001, Florida Statutes, is amended to read: 469 419.001 Site selection of community residential homes.— 470 (1) For the purposes of this section, the term: 471 (e) "Resident" means any of the following: a frail elder 472 as defined in s. 429.65; a person who has a handicap as defined 473 in s. 760.22(8)(a) 760.22(7)(a); a person who has a 474 developmental disability as defined in s. 393.063; a 475 nondangerous person who has a mental illness as defined in s. 476 394.455; or a child who is found to be dependent as defined in 477 s. 39.01 or s. 984.03, or a child in need of services as defined 478 in s. 984.03 or s. 985.03. 479 Section 17. This act shall take effect July 1, 2016. 480