Text of FL H 653 (2013)

HB 653 2013 CODING: Words stricken are deletions; words underlined are additions. hb0653-00 Page 1 of 23 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; 2 providing a short title; amending s. 760.01, F.S.; 3 revising provisions to include sexual orientation and 4 gender identity or expression as impermissible grounds 5 for discrimination; conforming terminology; amending 6 s. 760.02, F.S.; defining additional terms; creating 7 s. 760.025, F.S.; specifying when an individual has an 8 impairment for certain purposes; amending ss. 760.05, 9 760.07, 760.08, and 760.10, F.S.; revising provisions 10 to include sexual orientation and gender identity or 11 expression as impermissible grounds for 12 discrimination; conforming terminology; amending s. 13 509.092, F.S.; revising provisions to include sexual 14 orientation and gender identity or expression as 15 impermissible grounds for discrimination in public 16 lodging establishments and public food service 17 establishments; amending s. 760.22, F.S.; defining 18 additional terms; deleting the definition of the term 19 "handicap"; creating s. 760.225, F.S.; specifying when 20 an individual has an impairment for certain purposes; 21 amending ss. 760.23, 760.24, 760.25, 760.26, and 22 760.29, F.S.; revising provisions to include sexual 23 orientation and gender identity or expression as 24 impermissible grounds for discrimination; conforming 25 terminology; amending ss. 760.31 and 760.50, F.S.; 26 conforming terminology; amending s. 760.60, F.S.; 27 revising provisions to include sexual orientation and 28 HB 653 2013 CODING: Words stricken are deletions; words underlined are additions. hb0653-00 Page 2 of 23 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 gender identity or expression as impermissible grounds 29 for discrimination; conforming terminology; amending 30 s. 419.001, F.S.; conforming a cross-reference; 31 providing an effective date. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1. This act may be cited as the "Competitive 36 Workforce Act." 37 Section 2. Subsection (2) of section 760.01, Florida 38 Statutes, is amended to read: 39 760.01 Purposes; construction; title.— 40 (2) The general purposes of the Florida Civil Rights Act 41 of 1992 are to secure for all individuals within the state 42 freedom from discrimination because of race, color, religion, 43 sex, national origin, age, disability, sexual orientation, 44 gender identity or expression handicap, or marital status and 45 thereby to protect their interest in personal dignity, to make 46 available to the state their full productive capacities, to 47 secure the state against domestic strife and unrest, to preserve 48 the public safety, health, and general welfare, and to promote 49 the interests, rights, and privileges of individuals within the 50 state. 51 Section 3. Section 760.02, Florida Statutes, is amended to 52 read: 53 760.02 Definitions.—For the purposes of ss. 760.01-760.11 54 and 509.092, the term: 55 HB 653 2013 CODING: Words stricken are deletions; words underlined are additions. hb0653-00 Page 3 of 23 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 (1) "Aggrieved person" means any person who files a 56 complaint with the Florida Commission on Human Relations 57 "Florida Civil Rights Act of 1992" means ss. 760.01-760.11 and 58 509.092. 59 (2) "Commission" means the Florida Commission on Human 60 Relations created by s. 760.03. 61 (3) "Commissioner" or "member" means a member of the 62 commission. 63 (4) "Disability" means: 64 (a) A physical or mental impairment that substantially 65 limits one or more of the major life activities of the 66 individual; 67 (b) A record of such impairment; 68 (c) Being regarded as having such an impairment; or 69 (d) Having a developmental disability as defined in s. 70 393.063. 71 (5)(4) "Discriminatory practice" means any practice made 72 unlawful by the Florida Civil Rights Act of 1992. 73 (6) "Employer" means any person employing 15 or more 74 employees for each working day in each of 20 or more calendar 75 weeks in the current or the previous calendar year, and any 76 agent of such a person. 77 (7) "Employment agency" means any person regularly 78 undertaking, with or without compensation, to procure employees 79 for an employer or to procure for employees opportunities to 80 work for an employer, and includes an agent of such a person. 81 (8) "Florida Civil Rights Act of 1992" means ss. 760.01- 82 760.11 and 509.092. 83 HB 653 2013 CODING: Words stricken are deletions; words underlined are additions. hb0653-00 Page 4 of 23 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (9) "Gender identity or expression" means gender-related 84 identity, appearance, expression, or behavior of an individual, 85 regardless of the individual's assigned sex at birth. 86 (10) "Labor organization" means any organization that 87 exists for the purpose, in whole or in part, of collective 88 bargaining or of dealing with employers concerning grievances, 89 terms or conditions of employment, or other mutual aid or 90 protection in connection with employment. 91 (11) "Major life activities" includes, but is not limited 92 to: 93 (a) Caring for oneself, performing manual tasks, and 94 functioning in a workplace environment. 95 (b) Major bodily functions, including, but not limited to, 96 visual, auditory, aural, and cognitive functions; functions of 97 the immune, digestive, neurological, respiratory, circulatory, 98 endocrine, and reproductive systems; normal cell growth; and 99 functions of the bowel, bladder, and brain. 100 (12)(5) "National origin" includes ancestry. 101 (13)(6) "Person" includes an individual, association, 102 corporation, joint apprenticeship committee, joint-stock 103 company, labor union, legal representative, mutual company, 104 partnership, receiver, trust, trustee in bankruptcy, or 105 unincorporated organization; any other legal or commercial 106 entity; the state; or any governmental entity or agency. 107 (7) "Employer" means any person employing 15 or more 108 employees for each working day in each of 20 or more calendar 109 weeks in the current or preceding calendar year, and any agent 110 of such a person. 111 HB 653 2013 CODING: Words stricken are deletions; words underlined are additions. hb0653-00 Page 5 of 23 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 (8) "Employment agency" means any person regularly 112 undertaking, with or without compensation, to procure employees 113 for an employer or to procure for employees opportunities to 114 work for an employer, and includes an agent of such a person. 115 (9) "Labor organization" means any organization which 116 exists for the purpose, in whole or in part, of collective 117 bargaining or of dealing with employers concerning grievances, 118 terms or conditions of employment, or other mutual aid or 119 protection in connection with employment. 120 (10) "Aggrieved person" means any person who files a 121 complaint with the Human Relations Commission. 122 (14)(11) "Public accommodations" means places of public 123 accommodation, lodgings, facilities principally engaged in 124 selling food for consumption on the premises, gasoline stations, 125 places of exhibition or entertainment, and other covered 126 establishments. Each of the following establishments which 127 serves the public is a place of public accommodation within the 128 meaning of this section: 129 (a) Any inn, hotel, motel, or other establishment that 130 which provides lodging to transient guests, other than an 131 establishment located within a building that which contains not 132 more than four rooms for rent or hire and that which is actually 133 occupied by the proprietor of such establishment as his or her 134 residence. 135 (b) Any restaurant, cafeteria, lunchroom, lunch counter, 136 soda fountain, or other facility principally engaged in selling 137 food for consumption on the premises, including, but not limited 138 HB 653 2013 CODING: Words stricken are deletions; words underlined are additions. hb0653-00 Page 6 of 23 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S to, any such facility located on the premises of any retail 139 establishment, or any gasoline station. 140 (c) Any motion picture theater, theater, concert hall, 141 sports arena, stadium, or other place of exhibition or 142 entertainment. 143 (d) Any establishment that which is physically located 144 within the premises of any establishment otherwise covered by 145 this subsection, or within the premises of which is physically 146 located any such covered establishment, and which holds itself 147 out as serving patrons of such covered establishment. 148 (15) "Sexual orientation" means an individual's actual or 149 perceived heterosexuality, homosexuality, or bisexuality. 150 Section 4. Section 760.025, Florida Statutes, is created 151 to read: 152 760.025 Impairment.—For purposes of this part, an 153 individual who has been subjected to an action prohibited under 154 this chapter because of an actual or perceived physical or 155 mental impairment, regardless of whether the impairment limits 156 or is perceived to limit a major life activity, has an 157 impairment. An impairment that limits one major life activity 158 may be considered a disability; however, a transitory or minor 159 impairment may not be considered a disability. An impairment 160 that is episodic or in remission is considered to be a 161 disability if it substantially limits at least one major life 162 activity when the impairment is active or not in remission. The 163 determination of whether an impairment substantially limits at 164 least one major life activity must be made without regard to the 165 ameliorative effects of mitigating measures, such as medication; 166 HB 653 2013 CODING: Words stricken are deletions; words underlined are additions. hb0653-00 Page 7 of 23 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 medical supplies; equipment or appliances; low-vision devices, 167 not including ordinary eyeglasses or contact lenses; 168 prosthetics, including artificial limbs and devices, hearing 169 aids and cochlear implants or other implantable hearing devices, 170 and mobility devices; oxygen therapy equipment and supplies; use 171 of assistive technology; reasonable accommodations or auxiliary 172 aids or services, including qualified interpreters or other 173 effective measures of making aurally delivered materials 174 available to individuals with hearing impairments; qualified 175 readers; taped texts or other effective methods of making 176 visually delivered materials available to individuals with 177 visual impairments; acquisition or modification of equipment and 178 devices and other similar services and actions; or learned 179 behavioral or adaptive neurological modifications. 180 Section 5. Section 760.05, Florida Statutes, is amended to 181 read: 182 760.05 Functions of the commission.—The commission shall 183 promote and encourage fair treatment and equal opportunity for 184 all persons regardless of race, color, religion, sex, national 185 origin, age, disability, sexual orientation, gender identity or 186 expression handicap, or marital status and mutual understanding 187 and respect among all members of society all economic, social, 188 racial, religious, and ethnic groups; and the commission shall 189 endeavor to eliminate discrimination against, and antagonism 190 between, persons on the basis of race, color, religion, sex, 191 national origin, age, disability, sexual orientation, gender 192 identity or expression, or marital status religious, racial, and 193 ethnic groups and their members. 194 HB 653 2013 CODING: Words stricken are deletions; words underlined are additions. hb0653-00 Page 8 of 23 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 6. Section 760.07, Florida Statutes, is amended to 195 read: 196 760.07 Remedies for unlawful discrimination.—Any violation 197 of any Florida statute making unlawful discrimination because of 198 race, color, religion, gender, national origin, age, disability, 199 sexual orientation, gender identity or expression handicap, or 200 marital status in the areas of education, employment, housing, 201 or public accommodations gives rise to a cause of action for all 202 relief and damages described in s. 760.11(5), unless greater 203 damages are expressly provided for. If the statute prohibiting 204 unlawful discrimination provides an administrative remedy, the 205 action for equitable relief and damages provided for in this 206 section may be initiated only after the plaintiff has exhausted 207 his or her administrative remedy. The term "public 208 accommodations" does not include lodge halls or other similar 209 facilities of private organizations that which are made 210 available for public use occasionally or periodically. The right 211 to trial by jury is preserved in any case in which the plaintiff 212 is seeking actual or punitive damages. 213 Section 7. Section 760.08, Florida Statutes, is amended to 214 read: 215 760.08 Discrimination in places of public accommodation.— 216 All persons shall be entitled to the full and equal enjoyment of 217 the goods, services, facilities, privileges, advantages, and 218 accommodations of any place of public accommodation, as defined 219 in this chapter, without discrimination or segregation on the 220 ground of race, color, national origin, sex, disability, sexual 221 HB 653 2013 CODING: Words stricken are deletions; words underlined are additions. hb0653-00 Page 9 of 23 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 orientation, gender identity or expression handicap, familial 222 status, or religion. 223 Section 8. Subsections (1) and (2), paragraphs (a) and (b) 224 of subsection (3), subsections (4), (5), and (6), and paragraph 225 (a) of subsection (8) of section 760.10, Florida Statutes, are 226 amended to read: 227 760.10 Unlawful employment practices.— 228 (1) It is an unlawful employment practice for an employer: 229 (a) To discharge or to fail or refuse to hire any 230 individual, or otherwise to discriminate against any individual 231 with respect to compensation, terms, conditions, or privileges 232 of employment, because of such individual's race, color, 233 religion, sex, national origin, age, disability, sexual 234 orientation, gender identity or expression handicap, or marital 235 status. 236 (b) To limit, segregate, or classify employees or 237 applicants for employment in any way which would deprive or tend 238 to deprive any individual of employment opportunities, or 239 adversely affect any individual's status as an employee, because 240 of such individual's race, color, religion, sex, national 241 origin, age, disability, sexual orientation, gender identity or 242 expression handicap, or marital status. 243 (2) It is an unlawful employment practice for an 244 employment agency to fail or refuse to refer for employment, or 245 otherwise to discriminate against, any individual because of 246 race, color, religion, sex, national origin, age, disability, 247 sexual orientation, gender identity or expression handicap, or 248 marital status or to classify or refer for employment any 249 HB 653 2013 CODING: Words stricken are deletions; words underlined are additions. hb0653-00 Page 10 of 23 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 individual on the basis of race, color, religion, sex, national 250 origin, age, disability, sexual orientation, gender identity or 251 expression handicap, or marital status. 252 (3) It is an unlawful employment practice for a labor 253 organization: 254 (a) To exclude or to expel from its membership, or 255 otherwise to discriminate against, any individual because of 256 race, color, religion, sex, national origin, age, disability, 257 sexual orientation, gender identity or expression handicap, or 258 marital status. 259 (b) To limit, segregate, or classify its membership or 260 applicants for membership, or to classify or fail or refuse to 261 refer for employment any individual, in any way which would 262 deprive or tend to deprive any individual of employment 263 opportunities, or adversely affect any individual's status as an 264 employee or as an applicant for employment, because of such 265 individual's race, color, religion, sex, national origin, age, 266 disability, sexual orientation, gender identity or expression 267 handicap, or marital status. 268 (4) It is an unlawful employment practice for any 269 employer, labor organization, or joint labor-management 270 committee controlling apprenticeship or other training or 271 retraining, including on-the-job training programs, to 272 discriminate against any individual because of race, color, 273 religion, sex, national origin, age, disability, sexual 274 orientation, gender identity or expression handicap, or marital 275 status in admission to, or employment in, any program 276 established to provide apprenticeship or other training. 277 HB 653 2013 CODING: Words stricken are deletions; words underlined are additions. hb0653-00 Page 11 of 23 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (5) Whenever, in order to engage in a profession, 278 occupation, or trade, it is required that a person receive a 279 license, certification, or other credential, become a member or 280 an associate of any club, association, or other organization, or 281 pass any examination, it is an unlawful employment practice for 282 any person to discriminate against any other person seeking such 283 license, certification, or other credential, seeking to become a 284 member or associate of such club, association, or other 285 organization, or seeking to take or pass such examination, 286 because of such other person's race, color, religion, sex, 287 national origin, age, disability, sexual orientation, gender 288 identity or expression handicap, or marital status. 289 (6) It is an unlawful employment practice for an employer, 290 labor organization, employment agency, or joint labor-management 291 committee to print, or cause to be printed or published, any 292 notice or advertisement relating to employment, membership, 293 classification, referral for employment, or apprenticeship or 294 other training, indicating any preference, limitation, 295 specification, or discrimination, based on race, color, 296 religion, sex, national origin, age, absence of disability, 297 sexual orientation, gender identity or expression handicap, or 298 marital status. 299 (8) Notwithstanding any other provision of this section, 300 it is not an unlawful employment practice under ss. 760.01- 301 760.10 for an employer, employment agency, labor organization, 302 or joint labor-management committee to: 303 (a) Take or fail to take any action on the basis of 304 religion, sex, national origin, age, disability, sexual 305 HB 653 2013 CODING: Words stricken are deletions; words underlined are additions. hb0653-00 Page 12 of 23 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 orientation, gender identity or expression handicap, or marital 306 status in those certain instances in which religion, sex, 307 national origin, age, absence of a particular disability, sexual 308 orientation, gender identity or expression handicap, or marital 309 status is a bona fide occupational qualification reasonably 310 necessary for the performance of the particular employment to 311 which such action or inaction is related. 312 Section 9. Section 509.092, Florida Statutes, is amended 313 to read: 314 509.092 Public lodging establishments and public food 315 service establishments; rights as private enterprises.—Public 316 lodging establishments and public food service establishments 317 are private enterprises, and the operator has the right to 318 refuse accommodations or service to any person who is 319 objectionable or undesirable to the operator, but such refusal 320 may not be based upon race, creed, color, sex, physical 321 disability, sexual orientation, gender identity or expression, 322 or national origin. A person aggrieved by a violation of this 323 section or a violation of a rule adopted under this section has 324 a right of action pursuant to s. 760.11. 325 Section 10. Section 760.22, Florida Statutes, is amended 326 to read: 327 760.22 Definitions.—As used in ss. 760.20-760.37, the 328 term: 329 (1) "Commission" means the Florida Commission on Human 330 Relations. 331 (2) "Covered multifamily dwelling" means: 332 HB 653 2013 CODING: Words stricken are deletions; words underlined are additions. hb0653-00 Page 13 of 23 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) A building that which consists of four or more units 333 and has an elevator; or 334 (b) The ground floor units of a building that which 335 consists of four or more units and does not have an elevator. 336 (3) "Disability" has the same meaning as provided in s. 337 760.02. 338 (4)(3) "Discriminatory housing practice" means an act that 339 is unlawful under the terms of ss. 760.20-760.37. 340 (5)(4) "Dwelling" means any building or structure, or 341 portion thereof, which is occupied as, or designed or intended 342 for occupancy as, a residence by one or more families, and any 343 vacant land that which is offered for sale or lease for the 344 construction or location on the land of any such building or 345 structure, or portion thereof. 346 (6)(5) "Familial status" is established when an individual 347 who has not attained the age of 18 years is domiciled with: 348 (a) A parent or other person having legal custody of such 349 individual; or 350 (b) A designee of a parent or other person having legal 351 custody, with the written permission of such parent or other 352 person. 353 (7)(6) "Family" includes a single individual. 354 (8) "Gender identity or expression" has the same meaning 355 as provided in s. 760.02. 356 (9) " Major life activities " has the same meaning as 357 provided in s. 760.02. 358 (7) "Handicap" means: 359 HB 653 2013 CODING: Words stricken are deletions; words underlined are additions. hb0653-00 Page 14 of 23 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) A person has a physical or mental impairment which 360 substantially limits one or more major life activities, or he or 361 she has a record of having, or is regarded as having, such 362 physical or mental impairment; or 363 (b) A person has a developmental disability as defined in 364 s. 393.063. 365 (10)(8) "Person" includes one or more individuals, 366 corporations, partnerships, associations, labor organizations, 367 legal representatives, mutual companies, joint-stock companies, 368 trusts, unincorporated organizations, trustees, trustees in 369 bankruptcy, receivers, and fiduciaries. 370 (11) "Sexual orientation" has the same meaning as provided 371 in s. 760.02. 372 (12)(9) "Substantially equivalent" means an administrative 373 subdivision of the State of Florida meeting the requirements of 374 24 C.F.R. part 115, s. 115.6. 375 (13) "Substantially limits" means to materially restrict 376 an individual's ability. 377 (14)(10) "To rent" includes to lease, to sublease, to let, 378 and otherwise to grant for a consideration the right to occupy 379 premises not owned by the occupant. 380 (15) "Transitory or minor impairment" means any impairment 381 having an actual, apparent, or expected duration of 6 months or 382 less. 383 Section 11. Section 760.225, Florida Statutes, is created 384 to read: 385 760.225 Impairment.—For purposes of this part, an 386 individual who has been subjected to an action prohibited under 387 HB 653 2013 CODING: Words stricken are deletions; words underlined are additions. hb0653-00 Page 15 of 23 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 this chapter because of an actual or perceived physical or 388 mental impairment, regardless of whether the impairment limits 389 or is perceived to limit a major life activity, has an 390 impairment. An impairment that limits one major life activity 391 may be considered a disability; however, a transitory or minor 392 impairment may not be considered a disability. An impairment 393 that is episodic or in remission is considered a disability if 394 it substantially limits at least one major life activity when 395 the impairment is active or not in remission. The determination 396 of whether an impairment substantially limits a major life 397 activity must be made without regard to the ameliorative effects 398 of mitigating measures, such as medication; medical supplies; 399 equipment or appliances; low-vision devices, not including 400 ordinary eyeglasses or contact lenses; prosthetics, including 401 artificial limbs and devices, hearing aids and cochlear implants 402 or other implantable hearing devices, and mobility devices; 403 oxygen therapy equipment and supplies; use of assistive 404 technology; reasonable accommodations or auxiliary aids or 405 services, including qualified interpreters or other effective 406 measures of making aurally delivered materials available to 407 individuals with hearing impairments; qualified readers; taped 408 texts or other effective methods of making visually delivered 409 materials available to individuals with visual impairments; 410 acquisition or modification of equipment and devices and other 411 similar services and actions; or learned behavioral or adaptive 412 neurological modifications. 413 Section 12. Subsections (1), (2), (3), (4), (5), (7), and 414 (8), paragraph (a) of subsection (9), and paragraphs (a) and (d) 415 HB 653 2013 CODING: Words stricken are deletions; words underlined are additions. hb0653-00 Page 16 of 23 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 subsection (10) of section 760.23, Florida Statutes, are 416 amended to read: 417 760.23 Discrimination in the sale or rental of housing and 418 other prohibited practices.— 419 (1) It is unlawful to refuse to sell or rent after the 420 making of a bona fide offer, to refuse to negotiate for the sale 421 or rental of, or otherwise to make unavailable or deny a 422 dwelling to any person because of race, color, national origin, 423 sex, disability, sexual orientation, gender identity or 424 expression handicap, familial status, or religion. 425 (2) It is unlawful to discriminate against any person in 426 the terms, conditions, or privileges of sale or rental of a 427 dwelling, or in the provision of services or facilities in 428 connection therewith, because of race, color, national origin, 429 sex, disability, sexual orientation, gender identity or 430 expression handicap, familial status, or religion. 431 (3) It is unlawful to make, print, or publish, or cause to 432 be made, printed, or published, any notice, statement, or 433 advertisement with respect to the sale or rental of a dwelling 434 that indicates any preference, limitation, or discrimination 435 based on race, color, national origin, sex, disability, sexual 436 orientation, gender identity or expression handicap, familial 437 status, or religion or an intention to make any such preference, 438 limitation, or discrimination. 439 (4) It is unlawful to represent to any person because of 440 race, color, national origin, sex, disability, sexual 441 orientation, gender identity or expression handicap, familial 442 status, or religion that any dwelling is not available for 443 HB 653 2013 CODING: Words stricken are deletions; words underlined are additions. hb0653-00 Page 17 of 23 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 inspection, sale, or rental when such dwelling is in fact so 444 available. 445 (5) It is unlawful, for profit, to induce or attempt to 446 induce any person to sell or rent any dwelling by a 447 representation regarding the entry or prospective entry into the 448 neighborhood of a person or persons of a particular race, color, 449 national origin, sex, disability, sexual orientation, gender 450 identity or expression handicap, familial status, or religion. 451 (7) It is unlawful to discriminate in the sale or rental 452 of, or to otherwise make unavailable or deny, a dwelling to any 453 buyer or renter because of a disability handicap of: 454 (a) That buyer or renter; 455 (b) A person residing in or intending to reside in that 456 dwelling after it is sold, rented, or made available; or 457 (c) Any person associated with the buyer or renter. 458 (8) It is unlawful to discriminate against any person in 459 the terms, conditions, or privileges of sale or rental of a 460 dwelling, or in the provision of services or facilities in 461 connection with such dwelling, because of a disability handicap 462 of: 463 (a) That buyer or renter; 464 (b) A person residing in or intending to reside in that 465 dwelling after it is sold, rented, or made available; or 466 (c) Any person associated with the buyer or renter. 467 (9) For purposes of subsections (7) and (8), 468 discrimination includes: 469 (a) A refusal to permit, at the expense of the handicapped 470 person who has a disability, reasonable modifications of 471 HB 653 2013 CODING: Words stricken are deletions; words underlined are additions. hb0653-00 Page 18 of 23 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 existing premises occupied or to be occupied by such person if 472 such modifications may be necessary to afford such person full 473 enjoyment of the premises; or 474 (10) Covered multifamily dwellings as defined herein that 475 which are intended for first occupancy after March 13, 1991, 476 shall be designed and constructed to have at least one building 477 entrance on an accessible route unless it is impractical to do 478 so because of the terrain or unusual characteristics of the site 479 as determined by commission rule. Such buildings shall also be 480 designed and constructed in such a manner that: 481 (a) The public use and common use portions of such 482 dwellings are readily accessible to and usable by handicapped 483 persons who have disabilities. 484 (d) Compliance with the appropriate requirements of the 485 American National Standards Institute for buildings and 486 facilities providing accessibility and usability for physically 487 handicapped people who have physical disabilities, commonly 488 cited as ANSI A117.1-1986, suffices to satisfy the requirements 489 of paragraph (c). 490 State agencies with building construction regulation 491 responsibility or local governments, as appropriate, shall 492 review the plans and specifications for the construction of 493 covered multifamily dwellings to determine consistency with the 494 requirements of this subsection. 495 Section 13. Section 760.24, Florida Statutes, is amended 496 to read: 497 760.24 Discrimination in the provision of brokerage 498 services.—It is unlawful to deny any person access to, or 499 HB 653 2013 CODING: Words stricken are deletions; words underlined are additions. hb0653-00 Page 19 of 23 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 membership or participation in, any multiple-listing service, 500 real estate brokers' organization, or other service, 501 organization, or facility relating to the business of selling or 502 renting dwellings, or to discriminate against him or her in the 503 terms or conditions of such access, membership, or 504 participation, on account of race, color, national origin, sex, 505 disability, sexual orientation, gender identity or expression 506 handicap, 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 510 residential real estate transactions.— 511 (1) It is unlawful for any bank, building and loan 512 association, insurance company, or other corporation, 513 association, firm, or enterprise the business of which consists 514 in whole or in part of the making of commercial real estate 515 loans to deny a loan or other financial assistance to a person 516 applying for the loan for the purpose of purchasing, 517 constructing, improving, repairing, or maintaining a dwelling, 518 or to discriminate against him or her in the fixing of the 519 amount, interest rate, duration, or other term or condition of 520 such loan or other financial assistance, because of the race, 521 color, national origin, sex, disability, sexual orientation, 522 gender identity or expression handicap, familial status, or 523 religion of such person or of any person associated with him or 524 her in connection with such loan or other financial assistance 525 or the purposes of such loan or other financial assistance, or 526 because of the race, color, national origin, sex, disability, 527 HB 653 2013 CODING: Words stricken are deletions; words underlined are additions. hb0653-00 Page 20 of 23 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 sexual orientation, gender identity or expression handicap, 528 familial status, or religion of the present or prospective 529 owners, lessees, tenants, or occupants of the dwelling or 530 dwellings in relation to which such loan or other financial 531 assistance is to be made or given. 532 (2)(a) It is unlawful for any person or entity whose 533 business includes engaging in residential real estate 534 transactions to discriminate against any person in making 535 available such a transaction, or in the terms or conditions of 536 such a transaction, because of race, color, national origin, 537 sex, disability, sexual orientation, gender identity or 538 expression handicap, familial status, or religion. 539 Section 15. Section 760.26, Florida Statutes, is amended 540 to read: 541 760.26 Prohibited discrimination in land use decisions and 542 in permitting of development.—It is unlawful to discriminate in 543 land use decisions or in the permitting of development based on 544 race, color, national origin, sex, sexual orientation, gender 545 identity or expression, disability, familial status, religion, 546 or, except as otherwise provided by law, the source of financing 547 of a development or proposed development. 548 Section 16. Paragraph (a) of subsection (5) of section 549 760.29, 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 553 furnishing appraisals of real property from taking into 554 consideration factors other than race, color, national origin, 555 HB 653 2013 CODING: Words stricken are deletions; words underlined are additions. hb0653-00 Page 21 of 23 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, disability, sexual orientation, gender identity or 556 expression handicap, familial status, or religion. 557 Section 17. Subsection (5) of section 760.31, Florida 558 Statutes, is amended to read: 559 760.31 Powers and duties of commission.—The commission 560 shall: 561 (5) Adopt rules necessary to implement ss. 760.20-760.37 562 and govern the proceedings of the commission in accordance with 563 chapter 120. Commission rules shall clarify terms used with 564 regard to handicapped accessibility for persons with 565 disabilities, exceptions from accessibility requirements based 566 on terrain or site characteristics, and requirements related to 567 housing for older persons. Commission rules shall specify the 568 fee and the forms and procedures to be used for the registration 569 required by s. 760.29(4)(e). 570 Section 18. Subsection (2) of section 760.50, Florida 571 Statutes, is amended to read: 572 760.50 Discrimination on the basis of AIDS, AIDS-related 573 complex, and HIV prohibited.— 574 (2) Any person with or perceived as having acquired immune 575 deficiency syndrome, acquired immune deficiency syndrome related 576 complex, or human immunodeficiency virus shall have every 577 protection made available to handicapped persons with 578 disabilities. 579 Section 19. Subsection (1) of section 760.60, Florida 580 Statutes, is amended to read: 581 760.60 Discriminatory practices of certain clubs 582 prohibited; remedies.— 583 HB 653 2013 CODING: Words stricken are deletions; words underlined are additions. hb0653-00 Page 22 of 23 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 (1) It is unlawful for a person to discriminate against 584 any individual because of race, color, religion, gender, 585 national origin, disability, sexual orientation, gender identity 586 or expression handicap, age above the age of 21, or marital 587 status in evaluating an application for membership in a club 588 that has more than 400 members, that provides regular meal 589 service, and that regularly receives payment for dues, fees, use 590 of space, facilities, services, meals, or beverages directly or 591 indirectly from nonmembers for business purposes. It is unlawful 592 for a person, on behalf of such a club, to publish, circulate, 593 issue, display, post, or mail any advertisement, notice, or 594 solicitation that contains a statement to the effect that the 595 accommodations, advantages, facilities, membership, or 596 privileges of the club are denied to any individual because of 597 race, color, religion, gender, national origin, disability, 598 sexual orientation, gender identity or expression handicap, age 599 above the age of 21, or marital status. This subsection does not 600 apply to fraternal or benevolent organizations, ethnic clubs, or 601 religious organizations where business activity is not 602 prevalent. 603 Section 20. Paragraph (e) of subsection (1) of section 604 419.001, Florida Statutes, is amended to read: 605 419.001 Site selection of community residential homes.— 606 (1) For the purposes of this section, the term: 607 (e) "Resident" means any of the following: a frail elder 608 as defined in s. 429.65; a person who has a physical disability 609 handicap as defined in s. 760.22(3) 760.22(7)(a); a person who 610 has a developmental disability as defined in s. 393.063; a 611 HB 653 2013 CODING: Words stricken are deletions; words underlined are additions. hb0653-00 Page 23 of 23 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 nondangerous person who has a mental illness as defined in s. 612 394.455; or a child who is found to be dependent as defined in 613 s. 39.01 or s. 984.03, or a child in need of services as defined 614 in s. 984.03 or s. 985.03. 615 Section 21. This act shall take effect July 1, 2013. 616