Text of FL H 659 (2017)

HB 659 2017 CODING: Words stricken are deletions; words underlined are additions. hb0659-00 Page 1 of 12 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 housing discrimination; amending s. 2 760.07, F.S.; removing housing discrimination as a 3 cause of action for certain relief and damages 4 resulting from violations of the Florida Civil Rights 5 Act of 1992; amending s. 760.22, F.S.; defining the 6 terms "gender identity" and "sexual orientation"; 7 amending ss. 760.23, 760.24, 760.25, 760.26, and 8 760.29, F.S.; revising provisions of the Fair Housing 9 Act to prohibit discrimination on the basis of sexual 10 orientation and gender identity; amending s. 760.34, 11 F.S.; revising the conditions under which an aggrieved 12 person may commence a civil action against a specified 13 respondent; providing that the aggrieved person does 14 not need to take specified actions before bringing a 15 civil action; amending s. 760.35, F.S.; authorizing an 16 aggrieved person to commence a civil action regardless 17 of whether a specified complaint has been filed and 18 regardless of the status of such complaint; 19 prohibiting an aggrieved person from commencing a 20 specified civil action if such person has consented to 21 a conciliation agreement, with an exception; 22 prohibiting an aggrieved person from commencing a 23 specified civil action if an administrative law judge 24 has commenced a hearing on the record on the 25 HB 659 2017 CODING: Words stricken are deletions; words underlined are additions. hb0659-00 Page 2 of 12 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 allegation; amending s. 419.001, F.S.; conforming a 26 cross-reference; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Section 760.07, Florida Statutes, is amended to 31 read: 32 760.07 Remedies for unlawful discrimination.—Any violation 33 of any Florida statute that makes making unlawful discrimination 34 because of race, color, religion, gender, pregnancy, national 35 origin, age, handicap, or marital status in the areas of 36 education, employment, housing, or public accommodations gives 37 rise to a cause of action for all relief and damages described 38 in s. 760.11(5), unless greater damages are expressly provided 39 for. If the statute prohibiting unlawful discrimination provides 40 an administrative remedy, the action for equitable relief and 41 damages provided for in this section may be initiated only after 42 the plaintiff has exhausted his or her administrative remedy. 43 The term "public accommodations" does not include lodge halls or 44 other similar facilities of private organizations which are made 45 available for public use occasionally or periodically. The right 46 to trial by jury is preserved in any case in which the plaintiff 47 is seeking actual or punitive damages. 48 Section 2. Subsections (7) through (10) of section 760.22, 49 Florida Statutes, are renumbered as subsections (8) through 50 HB 659 2017 CODING: Words stricken are deletions; words underlined are additions. hb0659-00 Page 3 of 12 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 (12), respectively, and new subsections (7) and (10) are added 51 to that section, to read: 52 760.22 Definitions.—As used in ss. 760.20-760.37, the 53 term: 54 (7) "Gender identity" means gender-related identity, 55 appearance, or behavior, regardless of whether such gender- 56 related identity, appearance, or behavior is different from that 57 traditionally associated with the person's physiology or 58 assigned sex at birth, and which gender-related identity can be 59 proven by evidence, including, but not limited to: 60 (a) Medical history, care, or treatment of the gender- 61 related identity; 62 (b) Consistent and uniform assertion of the gender-related 63 identity; or 64 (c) Other evidence that the gender-related identity is a 65 sincerely held part of a person's core identity and is not being 66 asserted for any improper purpose. 67 (8)(7) "Handicap" means: 68 (a) A person has a physical or mental impairment which 69 substantially limits one or more major life activities, or he or 70 she has a record of having, or is regarded as having, such 71 physical or mental impairment; or 72 (b) A person has a developmental disability as defined in 73 s. 393.063. 74 (9)(8) "Person" includes one or more individuals, 75 HB 659 2017 CODING: Words stricken are deletions; words underlined are additions. hb0659-00 Page 4 of 12 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 corporations, partnerships, associations, labor organizations, 76 legal representatives, mutual companies, joint-stock companies, 77 trusts, unincorporated organizations, trustees, trustees in 78 bankruptcy, receivers, and fiduciaries. 79 (10) "Sexual orientation" means an individual's 80 heterosexuality, homosexuality, or bisexuality. 81 (11)(9) "Substantially equivalent" means an administrative 82 subdivision of the State of Florida meeting the requirements of 83 24 C.F.R. part 115, s. 115.6. 84 (12)(10) "To rent" includes to lease, to sublease, to let, 85 and otherwise to grant for a consideration the right to occupy 86 premises not owned by the occupant. 87 Section 3. Subsections (1), (2), (3), (4), and (5) of 88 section 760.23, Florida Statutes, are amended to read: 89 760.23 Discrimination in the sale or rental of housing and 90 other prohibited practices.— 91 (1) It is unlawful to refuse to sell or rent after the 92 making of a bona fide offer, to refuse to negotiate for the sale 93 or rental of, or otherwise to make unavailable or deny a 94 dwelling to any person because of race, color, national origin, 95 sex, sexual orientation, gender identity, handicap, familial 96 status, or religion. 97 (2) It is unlawful to discriminate against any person in 98 the terms, conditions, or privileges of sale or rental of a 99 dwelling, or in the provision of services or facilities in 100 HB 659 2017 CODING: Words stricken are deletions; words underlined are additions. hb0659-00 Page 5 of 12 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 connection therewith, because of race, color, national origin, 101 sex, sexual orientation, gender identity, handicap, familial 102 status, or religion. 103 (3) It is unlawful to make, print, or publish, or cause to 104 be made, printed, or published, any notice, statement, or 105 advertisement with respect to the sale or rental of a dwelling 106 that indicates any preference, limitation, or discrimination 107 based on race, color, national origin, sex, sexual orientation, 108 gender identity, handicap, familial status, or religion or an 109 intention to make any such preference, limitation, or 110 discrimination. 111 (4) It is unlawful to represent to any person because of 112 race, color, national origin, sex, sexual orientation, gender 113 identity, handicap, familial status, or religion that any 114 dwelling is not available for inspection, sale, or rental when 115 such dwelling is in fact so available. 116 (5) It is unlawful, for profit, to induce or attempt to 117 induce any person to sell or rent any dwelling by a 118 representation regarding the entry or prospective entry into the 119 neighborhood of a person or persons of a particular race, color, 120 national origin, sex, sexual orientation, gender identity, 121 handicap, familial status, or religion. 122 Section 4. Section 760.24, Florida Statutes, is amended to 123 read: 124 760.24 Discrimination in the provision of brokerage 125 HB 659 2017 CODING: Words stricken are deletions; words underlined are additions. hb0659-00 Page 6 of 12 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 services.—It is unlawful to deny any person access to, or 126 membership or participation in, any multiple-listing service, 127 real estate brokers' organization, or other service, 128 organization, or facility relating to the business of selling or 129 renting dwellings, or to discriminate against him or her in the 130 terms or conditions of such access, membership, or 131 participation, on account of race, color, national origin, sex, 132 sexual orientation, gender identity, handicap, familial status, 133 or religion. 134 Section 5. Subsection (1) and paragraph (a) of subsection 135 (2) of section 760.25, Florida Statutes, is amended to read: 136 760.25 Discrimination in the financing of housing or in 137 residential real estate transactions.— 138 (1) It is unlawful for any bank, building and loan 139 association, insurance company, or other corporation, 140 association, firm, or enterprise the business of which consists 141 in whole or in part of the making of commercial real estate 142 loans to deny a loan or other financial assistance to a person 143 applying for the loan for the purpose of purchasing, 144 constructing, improving, repairing, or maintaining a dwelling, 145 or to discriminate against him or her in the fixing of the 146 amount, interest rate, duration, or other term or condition of 147 such loan or other financial assistance, because of the race, 148 color, national origin, sex, sexual orientation, gender 149 identity, handicap, familial status, or religion of such person 150 HB 659 2017 CODING: Words stricken are deletions; words underlined are additions. hb0659-00 Page 7 of 12 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S or of any person associated with him or her in connection with 151 such loan or other financial assistance or the purposes of such 152 loan or other financial assistance, or because of the race, 153 color, national origin, sex, sexual orientation, gender 154 identity, handicap, familial status, or religion of the present 155 or prospective owners, lessees, tenants, or occupants of the 156 dwelling or dwellings in relation to which such loan or other 157 financial assistance is to be made or given. 158 (2)(a) It is unlawful for any person or entity whose 159 business includes engaging in residential real estate 160 transactions to discriminate against any person in making 161 available such a transaction, or in the terms or conditions of 162 such a transaction, because of race, color, national origin, 163 sex, sexual orientation, gender identity, handicap, familial 164 status, or religion. 165 Section 6. Section 760.26, Florida Statutes, is amended to 166 read: 167 760.26 Prohibited discrimination in land use decisions and 168 in permitting of development.—It is unlawful to discriminate in 169 land use decisions or in the permitting of development based on 170 race, color, national origin, sex, sexual orientation, gender 171 identity, disability, familial status, religion, or, except as 172 otherwise provided by law, the source of financing of a 173 development or proposed development. 174 Section 7. Paragraph (a) of subsection (5) of section 175 HB 659 2017 CODING: Words stricken are deletions; words underlined are additions. hb0659-00 Page 8 of 12 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 760.29, Florida Statutes, is amended to read: 176 760.29 Exemptions.— 177 (5) Nothing in ss. 760.20-760.37: 178 (a) Prohibits a person engaged in the business of 179 furnishing appraisals of real property from taking into 180 consideration factors other than race, color, national origin, 181 sex, sexual orientation, gender identity, handicap, familial 182 status, or religion. 183 Section 8. Subsections (2) and (4) of section 760.34, 184 Florida Statutes, are amended to read: 185 760.34 Enforcement.— 186 (2) A person who files a complaint under subsection (1) 187 must do so be filed within 1 year after the alleged 188 discriminatory housing practice occurred. The complaint must be 189 in writing and shall state the facts upon which the allegations 190 of a discriminatory housing practice are based. A complaint may 191 be reasonably and fairly amended at any time. A respondent may 192 file an answer to the complaint against him or her and, with the 193 leave of the commission, which shall be granted whenever it 194 would be reasonable and fair to do so, may amend his or her 195 answer at any time. Both the complaint and the answer shall be 196 verified. 197 (4) If, within 180 days after a complaint is filed with 198 the commission or within 180 days after expiration of any period 199 of reference under subsection (3), the commission has been 200 HB 659 2017 CODING: Words stricken are deletions; words underlined are additions. hb0659-00 Page 9 of 12 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 unable to obtain voluntary compliance with ss. 760.20-760.37, 201 The person aggrieved may commence a civil action in any 202 appropriate court against the respondent named in the complaint 203 or petition for an administrative determination pursuant to s. 204 760.35 to enforce the rights granted or protected by ss. 760.20- 205 760.37. The person aggrieved is not required to petition for an 206 administrative hearing or exhaust administrative remedies before 207 bringing a civil action. If, as a result of its investigation 208 under subsection (1), the commission finds there is reasonable 209 cause to believe that a discriminatory housing practice has 210 occurred, at the request of the person aggrieved, the Attorney 211 General may bring an action in the name of the state on behalf 212 of the aggrieved person to enforce the provisions of ss. 760.20- 213 760.37. 214 Section 9. Section 760.35, Florida Statutes, is amended to 215 read: 216 760.35 Civil actions and relief; administrative 217 procedures.— 218 (1) An aggrieved person may commence a civil action under 219 this section shall be commenced no later than 2 years after an 220 alleged discriminatory housing practice has occurred. However, 221 the court shall continue a civil case brought pursuant to this 222 section or s. 760.34 from time to time before bringing it to 223 trial if the court believes that the conciliation efforts of the 224 commission or local agency are likely to result in satisfactory 225 HB 659 2017 CODING: Words stricken are deletions; words underlined are additions. hb0659-00 Page 10 of 12 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 settlement of the discriminatory housing practice complained of 226 in the complaint made to the commission or to the local agency 227 and which practice forms the basis for the action in court. Any 228 sale, encumbrance, or rental consummated prior to the issuance 229 of any court order issued under the authority of ss. 760.20- 230 760.37 and involving a bona fide purchaser, encumbrancer, or 231 tenant without actual notice of the existence of the filing of a 232 complaint or civil action under the provisions of ss. 760.20- 233 760.37 shall not be affected. 234 (2) An aggrieved person may commence a civil action under 235 this section regardless of whether a complaint has been filed 236 under s. 760.34(1) and regardless of the status of such 237 complaint. If the commission has obtained a conciliation 238 agreement with the consent of an aggrieved person under s. 239 760.36, the aggrieved person may not file an action under this 240 section regarding the alleged discriminatory housing practice 241 that forms the basis for the complaint, except for the purpose 242 of enforcing the terms of such an agreement. 243 (3) An aggrieved person may not commence a civil action 244 under this section regarding an alleged discriminatory housing 245 practice if an administrative law judge has commenced a hearing 246 on the record on the allegation. 247 (4) If the court finds that a discriminatory housing 248 practice has occurred, it shall issue an order prohibiting the 249 practice and providing affirmative relief from the effects of 250 HB 659 2017 CODING: Words stricken are deletions; words underlined are additions. hb0659-00 Page 11 of 12 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 practice, including injunctive and other equitable relief, 251 actual and punitive damages, and reasonable attorney attorney's 252 fees and costs. 253 (5)(3)(a) If the commission is unable to obtain voluntary 254 compliance with ss. 760.20-760.37 or has reasonable cause to 255 believe that a discriminatory practice has occurred: 256 1. The commission may institute an administrative 257 proceeding under chapter 120; or 258 2. The person aggrieved may request administrative relief 259 under chapter 120 within 30 days after receiving notice that the 260 commission has concluded its investigation under s. 760.34. 261 (b) Administrative hearings shall be conducted pursuant to 262 ss. 120.569 and 120.57(1). The respondent must be served written 263 notice by certified mail. If the administrative law judge finds 264 that a discriminatory housing practice has occurred or is about 265 to occur, he or she shall issue a recommended order to the 266 commission prohibiting the practice and recommending affirmative 267 relief from the effects of the practice, including quantifiable 268 damages and reasonable attorney attorney's fees and costs. The 269 commission may adopt, reject, or modify a recommended order only 270 as provided under s. 120.57(1). Judgment for the amount of 271 damages and costs assessed pursuant to a final order by the 272 commission may be entered in any court having jurisdiction 273 thereof and may be enforced as any other judgment. 274 (c) The district courts of appeal may, upon the filing of 275 HB 659 2017 CODING: Words stricken are deletions; words underlined are additions. hb0659-00 Page 12 of 12 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 appropriate notices of appeal, review final orders of the 276 commission pursuant to s. 120.68. Costs or fees may not be 277 assessed against the commission in any appeal from a final order 278 issued by the commission under this subsection. Unless 279 specifically ordered by the court, the commencement of an appeal 280 does not suspend or stay an order of the commission. 281 (d) This subsection does not prevent any other legal or 282 administrative action provided by law. 283 Section 10. Paragraph (e) of subsection (1) of section 284 419.001, Florida Statutes, is amended to read: 285 419.001 Site selection of community residential homes.— 286 (1) For the purposes of this section, the term: 287 (e) "Resident" means any of the following: a frail elder 288 as defined in s. 429.65; a person who has a handicap as defined 289 in s. 760.22(8)(a) s. 760.22(7)(a); a person who has a 290 developmental disability as defined in s. 393.063; a 291 nondangerous person who has a mental illness as defined in s. 292 394.455; or a child who is found to be dependent as defined in 293 s. 39.01 or s. 984.03, or a child in need of services as defined 294 in s. 984.03 or s. 985.03. 295 Section 11. This act shall take effect upon becoming a 296 law. 297