Text of FL S 348 (2014)

Florida Senate - 2014 SB 348 By Senator Abruzzo 25-00506-14 2014348__ 1 A bill to be entitled 2 An act relating to prohibited discrimination; creating 3 the “Florida Competitive Workforce Act”; amending s. 4 509.092, F.S.; adding sexual orientation and gender 5 identity or expression and the perception of race, 6 creed, color, sex, physical disability, sexual 7 orientation, gender identity or expression, or 8 national origin as impermissible grounds for 9 discrimination in public lodging establishments and 10 public food service establishments; providing an 11 exception for constitutionally protected free exercise 12 of religion; amending s. 760.01, F.S.; revising 13 provisions to include sexual orientation and gender 14 identity or expression and the perception of race, 15 color, religion, sex, national origin, age, sexual 16 orientation, gender identity or expression, handicap, 17 or marital status as impermissible grounds for 18 discrimination; amending s. 760.02, F.S.; defining 19 additional terms; amending ss. 760.05 and 760.07, 20 F.S.; adding sexual orientation and gender identity or 21 expression and the perception of race, color, 22 religion, sex, national origin, age, sexual 23 orientation, gender identity or expression, handicap, 24 or marital status as impermissible grounds for 25 discrimination; conforming terminology; amending s. 26 760.08, F.S.; adding sexual orientation and gender 27 identity or expression and the perception of race, 28 color, national origin, sex, sexual orientation, 29 gender identity or expression, handicap, familial 30 status, or religion as impermissible grounds for 31 discrimination; amending s. 760.10, F.S.; adding 32 sexual orientation and gender identity or expression 33 and the perception of race, color, religion, sex, 34 national origin, age, sexual orientation, gender 35 identity or expression, handicap, or marital status as 36 impermissible grounds for discrimination; providing an 37 exception for constitutionally protected free exercise 38 of religion; amending s. 760.22, F.S.; defining 39 additional terms; amending ss. 760.23, 760.24, 760.25, 40 and 760.26, F.S.; adding sexual orientation and gender 41 identity or expression and the perception of race, 42 color, national origin, sex, sexual orientation, 43 gender identity or expression, handicap, familial 44 status, or religion as impermissible grounds for 45 discrimination; amending s. 760.29, F.S.; adding 46 sexual orientation and gender identity or expression 47 as impermissible grounds for discrimination; amending 48 s. 760.60, F.S.; adding sexual orientation and gender 49 identity or expression and the perception of race, 50 color, religion, sex, national origin, handicap, age, 51 sexual orientation, gender identity or expression, or 52 marital status as impermissible grounds for 53 discrimination; amending s. 419.001, F.S.; conforming 54 a cross-reference; providing an effective date. 55 56 Be It Enacted by the Legislature of the State of Florida: 57 58 Section 1. This act may be cited as the “Florida 59 Competitive Workforce Act.” 60 Section 2. Section 509.092, Florida Statutes, is amended to 61 read: 62 509.092 Public lodging establishments and public food 63 service establishments; rights as private enterprises.— 64 (1) Public lodging establishments and public food service 65 establishments are private enterprises, and the operator has the 66 right to refuse accommodations or service to any person who is 67 objectionable or undesirable to the operator, but such refusal 68 may not be based upon the person’s actual or perceived race, 69 creed, color, sex, physical disability, sexual orientation, 70 gender identity or expression, or national origin. 71 (2) A person aggrieved by a violation of this section or a 72 violation of a rule adopted under this section has a right of 73 action pursuant to s. 760.11. 74 (3) This section does not limit the free exercise of 75 religion guaranteed by the United States Constitution and the 76 State Constitution. 77 Section 3. Subsection (2) of section 760.01, Florida 78 Statutes, is amended to read: 79 760.01 Purposes; construction; title.— 80 (2) The general purposes of the Florida Civil Rights Act of 81 1992 are to secure for all individuals within the state freedom 82 from discrimination because of, or based on the perception of, 83 race, color, religion, sex, national origin, age, sexual 84 orientation, gender identity or expression, handicap, or marital 85 status and thereby to protect their interest in personal 86 dignity, to make available to the state their full productive 87 capacities, to secure the state against domestic strife and 88 unrest, to preserve the public safety, health, and general 89 welfare, and to promote the interests, rights, and privileges of 90 individuals within the state. 91 Section 4. Section 760.02, Florida Statutes, is amended to 92 read: 93 760.02 Definitions.—For the purposes of ss. 760.01-760.11 94 and 509.092, the term: 95 (1) “Aggrieved person” means a person who files a complaint 96 with the commission. 97 (1) “Florida Civil Rights Act of 1992” means ss. 760.01 98 760.11 and 509.092. 99 (2) “Commission” means the Florida Commission on Human 100 Relations created by s. 760.03. 101 (3) “Commissioner” or “member” means a member of the 102 commission. 103 (4) “Discriminatory practice” means a any practice made 104 unlawful by the Florida Civil Rights Act of 1992. 105 (5) “Employer” means a person employing 15 or more 106 employees for each working day in each of 20 or more calendar 107 weeks in the current or preceding calendar year, and an agent of 108 such a person. 109 (6) “Employment agency” means a person regularly 110 undertaking, with or without compensation, to procure employees 111 for an employer or to procure for employees opportunities to 112 work for an employer, and includes an agent of such a person. 113 (7) “Florida Civil Rights Act of 1992” means ss. 760.01 114 760.11 and 509.092. 115 (8) “Gender identity or expression” means gender-related 116 identity, appearance, expression, or behavior of an individual, 117 regardless of the individual’s assigned sex at birth. 118 (9) “Labor organization” means an organization that exists 119 for the purpose, in whole or in part, of collective bargaining 120 or of dealing with employers concerning grievances, terms or 121 conditions of employment, or other mutual aid or protection in 122 connection with employment. 123 (10)(5) “National origin” includes ancestry. 124 (11)(6) “Person” includes an individual, association, 125 corporation, joint apprenticeship committee, joint-stock 126 company, labor union, legal representative, mutual company, 127 partnership, receiver, trust, trustee in bankruptcy, or 128 unincorporated organization; any other legal or commercial 129 entity; the state; or any governmental entity or agency. 130 (7) “Employer” means any person employing 15 or more 131 employees for each working day in each of 20 or more calendar 132 weeks in the current or preceding calendar year, and any agent 133 of such a person. 134 (8) “Employment agency” means any person regularly 135 undertaking, with or without compensation, to procure employees 136 for an employer or to procure for employees opportunities to 137 work for an employer, and includes an agent of such a person. 138 (9) “Labor organization” means any organization which 139 exists for the purpose, in whole or in part, of collective 140 bargaining or of dealing with employers concerning grievances, 141 terms or conditions of employment, or other mutual aid or 142 protection in connection with employment. 143 (10) “Aggrieved person” means any person who files a 144 complaint with the Human Relations Commission. 145 (12)(11) “Public accommodations” means places of public 146 accommodation, lodgings, facilities principally engaged in 147 selling food for consumption on the premises, gasoline stations, 148 places of exhibition or entertainment, and other covered 149 establishments. Each of the following establishments that which 150 serves the public is a place of public accommodation within the 151 meaning of this section: 152 (a) An Any inn, hotel, motel, or other establishment that 153 which provides lodging to transient guests, other than an 154 establishment located within a building which contains not more 155 than four rooms for rent or hire and which is actually occupied 156 by the proprietor of such establishment as his or her residence. 157 (b) A Any restaurant, cafeteria, lunchroom, lunch counter, 158 soda fountain, or other facility principally engaged in selling 159 food for consumption on the premises, including, but not limited 160 to, any such facility located on the premises of a any retail 161 establishment, or a any gasoline station. 162 (c) A Any motion picture theater, theater, concert hall, 163 sports arena, stadium, or other place of exhibition or 164 entertainment. 165 (d) An Any establishment that which is physically located 166 within the premises of an any establishment otherwise covered by 167 this subsection, or within the premises of which is physically 168 located any such covered establishment, and that which holds 169 itself out as serving patrons of such covered establishment. 170 (13) “Sexual orientation” means an individual’s actual or 171 perceived heterosexuality, homosexuality, or bisexuality. 172 Section 5. Section 760.05, Florida Statutes, is amended to 173 read: 174 760.05 Functions of the commission.—The commission shall 175 promote and encourage fair treatment and equal opportunity for 176 all persons regardless of race, color, religion, sex, national 177 origin, age, sexual orientation, gender identity or expression, 178 handicap, or marital status and mutual understanding and respect 179 among all members of society all economic, social, racial, 180 religious, and ethnic groups; and the commission shall endeavor 181 to eliminate discrimination against, and antagonism between, 182 persons on the basis of, or based on the perception of, race, 183 color, religion, sex, national origin, age, sexual orientation, 184 gender identity or expression, handicap, or marital status 185 religious, racial, and ethnic groups and their members. 186 Section 6. Section 760.07, Florida Statutes, is amended to 187 read: 188 760.07 Remedies for unlawful discrimination.—The Any 189 violation of any Florida statute that prohibits making unlawful 190 discrimination because of, or based on the perception of, race, 191 color, religion, sex gender, national origin, age, sexual 192 orientation, gender identity or expression, handicap, or marital 193 status in the areas of education, employment, housing, or public 194 accommodations gives rise to a cause of action for all relief 195 and damages described in s. 760.11(5), unless greater damages 196 are expressly provided for. If the statute prohibiting unlawful 197 discrimination provides an administrative remedy, the action for 198 equitable relief and damages provided for in this section may be 199 initiated only after the plaintiff has exhausted his or her 200 administrative remedy. The term “public accommodations” does not 201 include lodge halls or other similar facilities of private 202 organizations which are made available for public use 203 occasionally or periodically. The right to trial by jury is 204 preserved in any case in which the plaintiff is seeking actual 205 or punitive damages. 206 Section 7. Section 760.08, Florida Statutes, is amended to 207 read: 208 760.08 Discrimination in places of public accommodation. 209 All persons are shall be entitled to the full and equal 210 enjoyment of the goods, services, facilities, privileges, 211 advantages, and accommodations of any place of public 212 accommodation, as defined in this chapter, without 213 discrimination or segregation on the ground of, or based on the 214 perception of, race, color, national origin, sex, sexual 215 orientation, gender identity or expression, handicap, familial 216 status, or religion. 217 Section 8. Subsections (1) and (2), paragraphs (a) and (b) 218 of subsection (3), subsections (4) through (6), paragraph (a) of 219 subsection (8), and subsection (9) of section 760.10, Florida 220 Statutes, are amended to read: 221 760.10 Unlawful employment practices.— 222 (1) It is an unlawful employment practice for an employer: 223 (a) To discharge or to fail or refuse to hire any 224 individual, or otherwise to discriminate against any individual 225 with respect to compensation, terms, conditions, or privileges 226 of employment, because of, or based on the perception of, such 227 individual’s race, color, religion, sex, national origin, age, 228 sexual orientation, gender identity or expression, handicap, or 229 marital status. 230 (b) To limit, segregate, or classify employees or 231 applicants for employment in any way which would deprive or tend 232 to deprive any individual of employment opportunities, or 233 adversely affect any individual’s status as an employee, because 234 of such individual’s race, color, religion, sex, national 235 origin, age, sexual orientation, gender identity or expression, 236 handicap, or marital status. 237 (2) It is an unlawful employment practice for an employment 238 agency to fail or refuse to refer for employment, or otherwise 239 to discriminate against, any individual because of, or based on 240 the perception of, race, color, religion, sex, national origin, 241 age, sexual orientation, gender identity or expression, 242 handicap, or marital status or to classify or refer for 243 employment any individual on the basis of, or based on the 244 perception of, race, color, religion, sex, national origin, age, 245 sexual orientation, gender identity or expression, handicap, or 246 marital status. 247 (3) It is an unlawful employment practice for a labor 248 organization: 249 (a) To exclude or to expel from its membership, or 250 otherwise to discriminate against, any individual because of, or 251 based on the perception of, race, color, religion, sex, national 252 origin, age, sexual orientation, gender identity or expression, 253 handicap, or marital status. 254 (b) To limit, segregate, or classify its membership or 255 applicants for membership, or to classify or fail or refuse to 256 refer for employment any individual, in any way which would 257 deprive or tend to deprive any individual of employment 258 opportunities, or adversely affect any individual’s status as an 259 employee or as an applicant for employment, because of, or based 260 on the perception of, such individual’s race, color, religion, 261 sex, national origin, age, sexual orientation, gender identity 262 or expression, handicap, or marital status. 263 (4) It is an unlawful employment practice for any employer, 264 labor organization, or joint labor-management committee 265 controlling apprenticeship or other training or retraining, 266 including on-the-job training programs, to discriminate against 267 any individual because of, or based on the perception of, race, 268 color, religion, sex, national origin, age, sexual orientation, 269 gender identity or expression, handicap, or marital status in 270 admission to, or employment in, any program established to 271 provide apprenticeship or other training. 272 (5) Whenever, in order to engage in a profession, 273 occupation, or trade, it is required that a person receive a 274 license, certification, or other credential, become a member or 275 an associate of any club, association, or other organization, or 276 pass any examination, it is an unlawful employment practice for 277 any person to discriminate against any other person seeking such 278 license, certification, or other credential, seeking to become a 279 member or associate of such club, association, or other 280 organization, or seeking to take or pass such examination, 281 because of, or based on the perception of, such other person’s 282 race, color, religion, sex, national origin, age, sexual 283 orientation, gender identity or expression, handicap, or marital 284 status. 285 (6) It is an unlawful employment practice for an employer, 286 labor organization, employment agency, or joint labor-management 287 committee to print, or cause to be printed or published, any 288 notice or advertisement relating to employment, membership, 289 classification, referral for employment, or apprenticeship or 290 other training, indicating any preference, limitation, 291 specification, or discrimination, based on a person’s actual or 292 perceived race, color, religion, sex, national origin, age, 293 sexual orientation, gender identity or expression, absence of 294 handicap, or marital status. 295 (8) Notwithstanding any other provision of this section, it 296 is not an unlawful employment practice under ss. 760.01-760.10 297 for an employer, employment agency, labor organization, or joint 298 labor-management committee to: 299 (a) Take or fail to take any action on the basis of a 300 person’s actual or perceived religion, sex, national origin, 301 age, sexual orientation, gender identity or expression, 302 handicap, or marital status in those certain instances in which 303 religion, sex, national origin, age, sexual orientation, gender 304 identity or expression, absence of a particular handicap, or 305 marital status is a bona fide occupational qualification 306 reasonably necessary for the performance of the particular 307 employment to which such action or inaction is related. 308 (9)(a) This section shall not apply to any religious 309 corporation, association, educational institution, or society 310 which conditions opportunities in the area of employment or 311 public accommodation to members of that religious corporation, 312 association, educational institution, or society or to persons 313 who subscribe to its tenets or beliefs. 314 (b) This section does shall not prohibit a religious 315 corporation, association, educational institution, or society 316 from giving preference in employment to individuals of a 317 particular religion to perform work connected with the carrying 318 on by such corporations, associations, educational institutions, 319 or societies of its various activities. 320 (c) This section and s. 760.08 do not limit the free 321 exercise of religion guaranteed by the United States 322 Constitution and the State Constitution. 323 Section 9. Section 760.22, Florida Statutes, is amended to 324 read: 325 760.22 Definitions.—As used in ss. 760.20-760.37, the term: 326 (1) “Commission” means the Florida Commission on Human 327 Relations. 328 (2) “Covered multifamily dwelling” means: 329 (a) A building that which consists of four or more units 330 and has an elevator; or 331 (b) The ground floor units of a building that which 332 consists of four or more units and does not have an elevator. 333 (3) “Discriminatory housing practice” means an act that is 334 unlawful under the terms of ss. 760.20-760.37. 335 (4) “Dwelling” means any building or structure, or portion 336 thereof, which is occupied as, or designed or intended for 337 occupancy as, a residence by one or more families, and any 338 vacant land that which is offered for sale or lease for the 339 construction or location on the land of any such building or 340 structure, or portion thereof. 341 (5) “Familial status” is established when an individual who 342 has not attained the age of 18 years is domiciled with: 343 (a) A parent or other person having legal custody of such 344 individual; or 345 (b) A designee of a parent or other person having legal 346 custody, with the written permission of such parent or other 347 person. 348 (6) “Family” includes a single individual. 349 (7) “Gender identity or expression” has the same meaning as 350 provided in s. 760.02. 351 (8)(7) “Handicap” means: 352 (a) A person has a physical or mental impairment that which 353 substantially limits one or more major life activities, or he or 354 she has a record of having, or being is regarded as having, such 355 physical or mental impairment; or 356 (b) A person has a developmental disability as defined in 357 s. 393.063. 358 (9)(8) “Person” includes one or more individuals, 359 corporations, partnerships, associations, labor organizations, 360 legal representatives, mutual companies, joint-stock companies, 361 trusts, unincorporated organizations, trustees, trustees in 362 bankruptcy, receivers, and fiduciaries. 363 (10) “Sexual orientation” has the same meaning as provided 364 in s. 760.02. 365 (11)(9) “Substantially equivalent” means an administrative 366 subdivision of the State of Florida meeting the requirements of 367 24 C.F.R. part 115, subpart B s. 115.6. 368 (12)(10) “To rent” includes to lease, to sublease, to let, 369 and otherwise to grant for a consideration the right to occupy 370 premises not owned by the occupant. 371 Section 10. Subsections (1) through (5) of section 760.23, 372 Florida Statutes, are amended to read: 373 760.23 Discrimination in the sale or rental of housing and 374 other prohibited practices.— 375 (1) It is unlawful to refuse to sell or rent after the 376 making of a bona fide offer, to refuse to negotiate for the sale 377 or rental of, or otherwise to make unavailable or deny a 378 dwelling to any person because of, or based upon the perception 379 of, race, color, national origin, sex, sexual orientation, 380 gender identity or expression, handicap, familial status, or 381 religion. 382 (2) It is unlawful to discriminate against any person in 383 the terms, conditions, or privileges of sale or rental of a 384 dwelling, or in the provision of related services or facilities 385 in connection therewith, because of, or based upon the 386 perception of, race, color, national origin, sex, sexual 387 orientation, gender identity or expression, handicap, familial 388 status, or religion. 389 (3) It is unlawful to make, print, or publish, or cause to 390 be made, printed, or published, any notice, statement, or 391 advertisement with respect to the sale or rental of a dwelling 392 which that indicates any preference, limitation, or 393 discrimination based on a person’s actual or perceived race, 394 color, national origin, sex, sexual orientation, gender identity 395 or expression, handicap, familial status, or religion or an 396 intention to make any such preference, limitation, or 397 discrimination. 398 (4) It is unlawful to represent to any person because of or 399 based on the perception of the person’s race, color, national 400 origin, sex, sexual orientation, gender identity or expression, 401 handicap, familial status, or religion that a any dwelling is 402 not available for inspection, sale, or rental if when such 403 dwelling is in fact so available. 404 (5) It is unlawful, for profit, to induce or attempt to 405 induce a any person to sell or rent any dwelling by a 406 representation regarding the entry or prospective entry into the 407 neighborhood of a person or persons of, or perceived to be of, a 408 particular race, color, national origin, sex, sexual 409 orientation, gender identity or expression, handicap, familial 410 status, or religion. 411 Section 11. Section 760.24, Florida Statutes, is amended to 412 read: 413 760.24 Discrimination in the provision of brokerage 414 services.—It is unlawful to deny any person access to, or 415 membership or participation in, any multiple-listing service, 416 real estate brokers’ organization, or other service, 417 organization, or facility relating to the business of selling or 418 renting dwellings, or to discriminate against him or her in the 419 terms or conditions of such access, membership, or 420 participation, on account 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 12. Subsection (1) and paragraph (a) of subsection 424 (2) of section 760.25, Florida Statutes, are amended to read: 425 760.25 Discrimination in the financing of housing or in 426 residential real estate transactions.— 427 (1) It is unlawful for a any bank, building and loan 428 association, insurance company, or other corporation, 429 association, firm, or enterprise the business of which consists 430 in whole or in part of the making of commercial real estate 431 loans to deny a loan or other financial assistance to a person 432 applying for the loan for the purpose of purchasing, 433 constructing, improving, repairing, or maintaining a dwelling, 434 or to discriminate against him or her in the fixing of the 435 amount, interest rate, duration, or other term or condition of 436 such loan or other financial assistance, because of, or based on 437 the perception of, the race, color, national origin, sex, sexual 438 orientation, gender identity or expression, handicap, familial 439 status, or religion of such person or of any person associated 440 with him or her in connection with such loan or other financial 441 assistance or the purposes of such loan or other financial 442 assistance, or because of, or based on the perception of, the 443 race, color, national origin, sex, sexual orientation, gender 444 identity or expression, handicap, familial status, or religion 445 of the present or prospective owners, lessees, tenants, or 446 occupants of the dwelling or dwellings in relation to which such 447 loan or other financial assistance is to be made or given. 448 (2)(a) It is unlawful for a any person or entity whose 449 business includes engaging in residential real estate 450 transactions to discriminate against any person in making 451 available such a transaction, or in the terms or conditions of 452 such a transaction, because of, or based on the perception of, 453 race, color, national origin, sex, sexual orientation, gender 454 identity or expression, handicap, familial status, or religion. 455 Section 13. Section 760.26, Florida Statutes, is amended to 456 read: 457 760.26 Prohibited discrimination in land use decisions and 458 in permitting of development.—It is unlawful to discriminate in 459 land use decisions or in the permitting of development based on 460 a person’s actual or perceived race, color, national origin, 461 sex, sexual orientation, gender identity or expression, 462 disability, familial status, religion, or, except as otherwise 463 provided by law, the source of financing of a development or 464 proposed development. 465 Section 14. Paragraph (a) of subsection (5) of section 466 760.29, Florida Statutes, is amended to read: 467 760.29 Exemptions.— 468 (5) Nothing in ss. 760.20-760.37: 469 (a) Prohibits a person engaged in the business of 470 furnishing appraisals of real property from taking into 471 consideration factors other than race, color, national origin, 472 sex, sexual orientation, gender identity or expression, 473 handicap, familial status, or religion. 474 Section 15. Subsection (1) of section 760.60, Florida 475 Statutes, is amended to read: 476 760.60 Discriminatory practices of certain clubs 477 prohibited; remedies.— 478 (1) It is unlawful for a person to discriminate against any 479 individual because of, or based on the perception of, race, 480 color, religion, sex gender, national origin, handicap, age 481 above the age of 21, sexual orientation, gender identity or 482 expression handicap, age above the age of 21, or marital status 483 in evaluating an application for membership in a club that has 484 more than 400 members, that provides regular meal service, and 485 that regularly receives payment for dues, fees, use of space, 486 facilities, services, meals, or beverages directly or indirectly 487 from nonmembers for business purposes. It is unlawful for a 488 person, on behalf of such a club, to publish, circulate, issue, 489 display, post, or mail any advertisement, notice, or 490 solicitation that contains a statement to the effect that the 491 accommodations, advantages, facilities, membership, or 492 privileges of the club are denied to any individual because of, 493 or based on the perception of, race, color, religion, sex 494 gender, national origin, handicap, age above the age of 21, 495 sexual orientation, gender identity or expression handicap, age 496 above the age of 21, or marital status. This subsection does not 497 apply to fraternal or benevolent organizations, ethnic clubs, or 498 religious organizations where business activity is not 499 prevalent. 500 Section 16. Paragraph (e) of subsection (1) of section 501 419.001, Florida Statutes, is amended to read: 502 419.001 Site selection of community residential homes.— 503 (1) For the purposes of this section, the term: 504 (e) “Resident” means any of the following: a frail elder as 505 defined in s. 429.65; a person who has a handicap as defined in 506 s. 760.22 760.22(7)(a); a person who has a developmental 507 disability as defined in s. 393.063; a nondangerous person who 508 has a mental illness as defined in s. 394.455; or a child who is 509 found to be dependent as defined in s. 39.01 or s. 984.03, or a 510 child in need of services as defined in s. 984.03 or s. 985.03. 511 Section 17. This act shall take effect July 1, 2014.