Bill Text: FL S0034 | 2020 | Regular Session | Introduced
Bill Title: Prohibited Discrimination
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-09-03 - Withdrawn prior to introduction [S0034 Detail]
Download: Florida-2020-S0034-Introduced.html
Florida Senate - 2020 SB 34 By Senator Rouson 19-00099-20 202034__ 1 A bill to be entitled 2 An act relating to prohibited discrimination; 3 providing a short title; amending s. 509.092, F.S.; 4 adding sexual orientation and gender identity as 5 impermissible grounds for discrimination in public 6 lodging establishments and public food service 7 establishments; providing an exception for 8 constitutionally protected free exercise of religion; 9 amending s. 760.01, F.S.; revising the purposes of the 10 Florida Civil Rights Act of 1992 to conform to changes 11 made by the act; reordering and amending s. 760.02, 12 F.S.; defining the terms “gender identity” and “sexual 13 orientation”; amending s. 760.05, F.S.; revising the 14 functions of the Florida Commission on Human Relations 15 to conform to changes made by the act; amending s. 16 760.07, F.S.; revising provisions regarding remedies 17 for unlawful discrimination to include discrimination 18 based on sexual orientation and gender identity to 19 conform to changes made by the act; amending s. 20 760.08, F.S.; adding sexual orientation and gender 21 identity as impermissible grounds for discrimination 22 in places of public accommodation; amending s. 760.10, 23 F.S.; adding sexual orientation and gender identity as 24 impermissible grounds for discrimination with respect 25 to specified unlawful employment practices; providing 26 an exception for constitutionally protected free 27 exercise of religion; amending s. 760.22, F.S.; 28 defining the terms “gender identity” and “sexual 29 orientation” for purposes of the Fair Housing Act; 30 amending ss. 760.23, 760.24, 760.25, and 760.26, F.S.; 31 adding sexual orientation and gender identity as 32 impermissible grounds for discrimination with respect 33 to the sale or rental of housing, the provision of 34 brokerage services, the financing of housing or in 35 residential real estate transactions, and land use 36 decisions or permitting of development, respectively; 37 amending s. 760.29, F.S.; revising an exemption from 38 the Fair Housing Act regarding the appraisal of real 39 property to conform to changes made by the act; 40 amending s. 760.60, F.S.; adding sexual orientation 41 and gender identity as impermissible grounds for 42 discrimination with respect to practices of certain 43 clubs; amending s. 419.001, F.S.; conforming a cross 44 reference; providing an effective date. 45 46 Be It Enacted by the Legislature of the State of Florida: 47 48 Section 1. This act may be cited as the “Florida 49 Competitive Workforce Act.” 50 Section 2. Section 509.092, Florida Statutes, is amended to 51 read: 52 509.092 Public lodging establishments and public food 53 service establishments; rights as private enterprises.— 54 (1) Public lodging establishments and public food service 55 establishments are private enterprises, and the operator has the 56 right to refuse accommodations or service to any person who is 57 objectionable or undesirable to the operator, but such refusal 58 may not be based upon race, creed, color, sex, pregnancy, 59 physical disability, sexual orientation, gender identity, or 60 national origin. 61 (2) A person aggrieved by a violation of this section or a 62 violation of a rule adopted under this section has a right of 63 action pursuant to s. 760.11. 64 (3) This section does not limit the free exercise of 65 religion guaranteed by the United States Constitution and the 66 State Constitution. 67 Section 3. Subsection (1) of section 760.01, Florida 68 Statutes, is republished, and subsection (2) of that section is 69 amended, to read: 70 760.01 Purposes; construction; title.— 71 (1) Sections 760.01-760.11 and 509.092 shall be cited as 72 the “Florida Civil Rights Act of 1992.” 73 (2) The general purposes of the Florida Civil Rights Act of 74 1992 are to secure for all individuals within the state freedom 75 from discrimination because of race, color, religion, sex, 76 pregnancy, national origin, age, sexual orientation, gender 77 identity, handicap, or marital status and thereby to protect 78 their interest in personal dignity, to make available to the 79 state their full productive capacities, to secure the state 80 against domestic strife and unrest, to preserve the public 81 safety, health, and general welfare, and to promote the 82 interests, rights, and privileges of individuals within the 83 state. 84 Section 4. Section 760.02, Florida Statutes, is reordered 85 and amended to read: 86 760.02 Definitions.—For the purposes of ss. 760.01-760.11 87 and 509.092, the term: 88 (7)(1)“Florida Civil Rights Act of 1992” means ss. 760.01 89 760.11 and 509.092. 90 (2) “Commission” means the Florida Commission on Human 91 Relations created by s. 760.03. 92 (3) “Commissioner” or “member” means a member of the 93 commission. 94 (4) “Discriminatory practice” means any practice made 95 unlawful by the Florida Civil Rights Act of 1992. 96 (10)(5)“National origin” includes ancestry. 97 (11)(6)“Person” includes an individual, association, 98 corporation, joint apprenticeship committee, joint-stock 99 company, labor union, legal representative, mutual company, 100 partnership, receiver, trust, trustee in bankruptcy, or 101 unincorporated organization; any other legal or commercial 102 entity; the state; or any governmental entity or agency. 103 (5)(7)“Employer” means any person employing 15 or more 104 employees for each working day in each of 20 or more calendar 105 weeks in the current or preceding calendar year, and any agent 106 of such a person. 107 (6)(8)“Employment agency” means any person regularly 108 undertaking, with or without compensation, to procure employees 109 for an employer or to procure for employees opportunities to 110 work for an employer, and includes an agent of such a person. 111 (8) “Gender identity” means gender-related identity, 112 appearance, or behavior, regardless of whether such gender 113 related identity, appearance, or behavior is different from that 114 traditionally associated with the person’s physiology or 115 assigned sex at birth, which can be shown by the person 116 providing evidence, including, but not limited to: 117 (a) Medical history, care, or treatment of the gender 118 related identity; 119 (b) Consistent and uniform assertion of the gender-related 120 identity; or 121 (c) Other evidence that the gender-related identity is a 122 sincerely held part of the person’s core identity and is not 123 being asserted for an improper purpose. 124 (9) “Labor organization” means any organization thatwhich125 exists for the purpose, in whole or in part, of collective 126 bargaining or of dealing with employers concerning grievances, 127 terms or conditions of employment, or other mutual aid or 128 protection in connection with employment. 129 (1)(10)“Aggrieved person” means any person who files a 130 complaint with theHuman Relationscommission. 131 (12)(11)“Public accommodations” means places of public 132 accommodation, lodgings, facilities principally engaged in 133 selling food for consumption on the premises, gasoline stations, 134 places of exhibition or entertainment, and other covered 135 establishments. Each of the following establishments which 136 serves the public is a place of public accommodation within the 137 meaning of this section: 138 (a) Any inn, hotel, motel, or other establishment that 139whichprovides lodging to transient guests, other than an 140 establishment located within a building thatwhichcontains not 141 more than four rooms for rent or hire and thatwhichis actually 142 occupied by the proprietor of such establishment as his or her 143 residence. 144 (b) Any restaurant, cafeteria, lunchroom, lunch counter, 145 soda fountain, or other facility principally engaged in selling 146 food for consumption on the premises, including, but not limited 147 to, any such facility located on the premises of any retail 148 establishment, or any gasoline station. 149 (c) Any motion picture theater, theater, concert hall, 150 sports arena, stadium, or other place of exhibition or 151 entertainment. 152 (d) Any establishment thatwhichis physically located 153 within the premises of any establishment otherwise covered by 154 this subsection, or within the premises of which is physically 155 located any such covered establishment, and thatwhichholds 156 itself out as serving patrons of such covered establishment. 157 (13) “Sexual orientation” means an individual’s 158 heterosexuality, homosexuality, or bisexuality. 159 Section 5. Section 760.05, Florida Statutes, is amended to 160 read: 161 760.05 Functions of the commission.—The commission shall 162 promote and encourage fair treatment and equal opportunity for 163 all persons regardless of race, color, religion, sex, pregnancy, 164 national origin, age, sexual orientation, gender identity, 165 handicap, or marital status and mutual understanding and respect 166 among all members of society. The commissionall economic,167social, racial, religious, and ethnic groups; andshall endeavor 168 to eliminate discrimination against, and antagonism between, 169 persons on the basis of race, color, religion, sex, pregnancy, 170 national origin, age, sexual orientation, gender identity, 171 handicap, or marital statusreligious, racial, and ethnic groups172and their members. 173 Section 6. Section 760.07, Florida Statutes, is amended to 174 read: 175 760.07 Remedies for unlawful discrimination.—Any violation 176 of any state lawFlorida statutemaking unlawful discrimination 177 because of race, color, religion, gender, pregnancy, national 178 origin, age, sexual orientation, gender identity, handicap, or 179 marital status in the areas of education, employment, housing, 180 or public accommodations gives rise to a cause of action for all 181 relief and damages described in s. 760.11(5), unless greater 182 damages are expressly provided for. If the statute prohibiting 183 unlawful discrimination provides an administrative remedy, the 184 action for equitable relief and damages provided for in this 185 section may be initiated only after the plaintiff has exhausted 186 his or her administrative remedy. The term “public 187 accommodations” does not include lodge halls or other similar 188 facilities of private organizations which are made available for 189 public use occasionally or periodically. The right to trial by 190 jury is preserved in any case in which the plaintiff is seeking 191 actual or punitive damages. 192 Section 7. Section 760.08, Florida Statutes, is amended to 193 read: 194 760.08 Discrimination in places of public accommodation. 195 All persons are entitled to the full and equal enjoyment of the 196 goods, services, facilities, privileges, advantages, and 197 accommodations of any place of public accommodation without 198 discrimination or segregation on the ground of race, color, 199 national origin, sex, sexual orientation, gender identity, 200 pregnancy, handicap, familial status, or religion. 201 Section 8. Subsections (1) and (2), paragraphs (a) and (b) 202 of subsection (3), subsections (4), (5), and (6), paragraph (a) 203 of subsection (8), and subsection (9) of section 760.10, Florida 204 Statutes, are amended, and subsection (10) of that section is 205 republished, to read: 206 760.10 Unlawful employment practices.— 207 (1) It is an unlawful employment practice for an employer: 208 (a) To discharge or to fail or refuse to hire any 209 individual, or otherwise to discriminate against any individual 210 with respect to compensation, terms, conditions, or privileges 211 of employment, because of such individual’s race, color, 212 religion, sex, pregnancy, national origin, age, sexual 213 orientation, gender identity, handicap, or marital status. 214 (b) To limit, segregate, or classify employees or 215 applicants for employment in any way thatwhichwould deprive or 216 tend to deprive any individual of employment opportunities, or 217 adversely affect any individual’s status as an employee, because 218 of such individual’s race, color, religion, sex, pregnancy, 219 national origin, age, sexual orientation, gender identity, 220 handicap, or marital status. 221 (2) It is an unlawful employment practice for an employment 222 agency to fail or refuse to refer for employment, or otherwise 223 to discriminate against, any individual because of race, color, 224 religion, sex, pregnancy, national origin, age, sexual 225 orientation, gender identity, handicap, or marital status or to 226 classify or refer for employment any individual on the basis of 227 race, color, religion, sex, pregnancy, national origin, age, 228 sexual orientation, gender identity, handicap, or marital 229 status. 230 (3) It is an unlawful employment practice for a labor 231 organization: 232 (a) To exclude or to expel from its membership, or 233 otherwise to discriminate against, any individual because of 234 race, color, religion, sex, pregnancy, national origin, age, 235 sexual orientation, gender identity, handicap, or marital 236 status. 237 (b) To limit, segregate, or classify its membership or 238 applicants for membership, or to classify or fail or refuse to 239 refer for employment any individual, in any way that would 240 deprive or tend to deprive any individual of employment 241 opportunities, or adversely affect any individual’s status as an 242 employee or as an applicant for employment, because of such 243 individual’s race, color, religion, sex, pregnancy, national 244 origin, age, sexual orientation, gender identity, handicap, or 245 marital status. 246 (4) It is an unlawful employment practice for any employer, 247 labor organization, or joint labor-management committee 248 controlling apprenticeship or other training or retraining, 249 including on-the-job training programs, to discriminate against 250 any individual because of race, color, religion, sex, pregnancy, 251 national origin, age, sexual orientation, gender identity, 252 handicap, or marital status in admission to, or employment in, 253 any program established to provide apprenticeship or other 254 training. 255 (5) Whenever, in order to engage in a profession, 256 occupation, or trade, it is required that a person receive a 257 license, certification, or other credential;,become a member or 258 an associate of any club, association, or other organization;,259 or pass any examination, it is an unlawful employment practice 260 for any person to discriminate against any other person seeking 261 such license, certification, or other credential;,seeking to 262 become a member or associate of such club, association, or other 263 organization;,or seeking to take or pass such examination, 264 because of such other person’s race, color, religion, sex, 265 pregnancy, national origin, age, sexual orientation, gender 266 identity, handicap, or marital status. 267 (6) It is an unlawful employment practice for an employer, 268 a labor organization, an employment agency, or a joint labor 269 management committee to print, or cause to be printed or 270 published, any notice or advertisement relating to employment, 271 membership, classification, referral for employment, or 272 apprenticeship or other training which indicates, indicatingany 273 preference, limitation, specification, or discrimination,based 274 on race, color, religion, sex, pregnancy, national origin, age, 275 sexual orientation, gender identity, absence of handicap, or 276 marital status. 277 (8) Notwithstanding any other provision of this section, it 278 is not an unlawful employment practice under ss. 760.01-760.10 279 for an employer, employment agency, labor organization, or joint 280 labor-management committee to: 281 (a) Take or fail to take any action on the basis of 282 religion, sex, pregnancy, national origin, age, sexual 283 orientation, gender identity, handicap, or marital status in 284 those certain instances in which religion, sex, condition of 285 pregnancy, national origin, age, sexual orientation, gender 286 identity, absence of a particular handicap, or marital status is 287 a bona fide occupational qualification reasonably necessary for 288 the performance of the particular employment to which such 289 action or inaction is related. 290 (9)(a) This section doesshallnot apply to any religious 291 corporation, association, educational institution, or society 292 thatwhichconditions opportunities in the area of employment or 293 public accommodation to members of that religious corporation, 294 association, educational institution, or society or to persons 295 who subscribe to its tenets or beliefs. 296 (b) This section doesshallnot prohibit a religious 297 corporation, association, educational institution, or society 298 from giving preference in employment to individuals of a 299 particular religion to perform work connected with the carrying 300 on by such corporations, associations, educational institutions, 301 or societies of its various activities. 302 (c) This section and s. 760.08 do not limit the free 303 exercise of religion guaranteed by the United States 304 Constitution and the State Constitution. 305 (10) Each employer, employment agency, and labor 306 organization shall post and keep posted in conspicuous places 307 upon its premises a notice provided by the commission setting 308 forth such information as the commission deems appropriate to 309 effectuate the purposes of ss. 760.01-760.10. 310 Section 9. Section 760.22, Florida Statutes, is amended to 311 read: 312 760.22 Definitions.—As used in ss. 760.20-760.37, the term: 313 (1) “Commission” means the Florida Commission on Human 314 Relations. 315 (2) “Covered multifamily dwelling” means: 316 (a) A building thatwhichconsists of four or more units 317 and has an elevator; or 318 (b) The ground floor units of a building thatwhich319 consists of four or more units and does not have an elevator. 320 (3) “Discriminatory housing practice” means an act that is 321 unlawful under the terms of ss. 760.20-760.37. 322 (4) “Dwelling” means any building or structure, or portion 323 thereof, which is occupied as, or designed or intended for 324 occupancy as, a residence by one or more families, and any 325 vacant land thatwhichis offered for sale or lease for the 326 construction or location on the land of any such building or 327 structure, or portion thereof. 328 (5) “Familial status” is established when an individual who 329 has not attained the age of 18 years is domiciled with: 330 (a) A parent or other person having legal custody of such 331 individual; or 332 (b) A designee of a parent or other person having legal 333 custody, with the written permission of such parent or other 334 person. 335 (6) “Family” includes a single individual. 336 (7) “Gender identity” has the same meaning as provided in 337 s. 760.02. 338 (8)(7)“Handicap” means: 339 (a) Aperson has aphysical or mental impairment thatwhich340 substantially limits one or more major life activities of a 341 person who has,or he or shehas a record of having, or is 342 regarded as having that,suchphysical or mental impairment; or 343 (b) Aperson has adevelopmental disability as defined in 344 s. 393.063. 345 (9)(8)“Person” includes one or more individuals, 346 corporations, partnerships, associations, labor organizations, 347 legal representatives, mutual companies, joint-stock companies, 348 trusts, unincorporated organizations, trustees, trustees in 349 bankruptcy, receivers, and fiduciaries. 350 (10) “Sexual orientation” has the same meaning as provided 351 in s. 760.02. 352 (11)(9)“Substantially equivalent” means an administrative 353 subdivision of the State of Florida meeting the requirements of 354 24 C.F.R. part 115, s. 115.6. 355 (12)(10)“To rent” includes to lease, to sublease, to let, 356 and otherwise to grant for a consideration the right to occupy 357 premises not owned by the occupant. 358 Section 10. Subsections (1) through (5) of section 760.23, 359 Florida Statutes, are amended to read: 360 760.23 Discrimination in the sale or rental of housing and 361 other prohibited practices.— 362 (1) It is unlawful to refuse to sell or rent after the 363 making of a bona fide offer, to refuse to negotiate for the sale 364 or rental of, or otherwise to make unavailable or deny a 365 dwelling to any person because of race, color, national origin, 366 sex, sexual orientation, gender identity, handicap, familial 367 status, or religion. 368 (2) It is unlawful to discriminate against any person in 369 the terms, conditions, or privileges of sale or rental of a 370 dwelling, or in the provision of services or facilities in 371 connection therewith, because of race, color, national origin, 372 sex, sexual orientation, gender identity, handicap, familial 373 status, or religion. 374 (3) It is unlawful to make, print, or publish, or cause to 375 be made, printed, or published, any notice, statement, or 376 advertisement with respect to the sale or rental of a dwelling 377 that indicates any preference, limitation, or discrimination 378 based on race, color, national origin, sex, sexual orientation, 379 gender identity, handicap, familial status, or religion or an 380 intention to make any such preference, limitation, or 381 discrimination. 382 (4) It is unlawful to represent to any person because of 383 race, color, national origin, sex, sexual orientation, gender 384 identity, handicap, familial status, or religion that any 385 dwelling is not available for inspection, sale, or rental when 386 such dwelling is in fact so available. 387 (5) It is unlawful, for profit, to induce or attempt to 388 induce any person to sell or rent any dwelling by a 389 representation regarding the entry or prospective entry into the 390 neighborhood of a person or persons of a particular race, color, 391 national origin, sex, sexual orientation, gender identity, 392 handicap, familial status, or religion. 393 Section 11. Section 760.24, Florida Statutes, is amended to 394 read: 395 760.24 Discrimination in the provision of brokerage 396 services.—It is unlawful to deny any person access to, or 397 membership or participation in, any multiple-listing service, 398 real estate brokers’ organization, or other service, 399 organization, or facility relating to the business of selling or 400 renting dwellings, or to discriminate against him or her in the 401 terms or conditions of such access, membership, or 402 participation, becauseon accountof race, color, national 403 origin, sex, sexual orientation, gender identity, handicap, 404 familial status, or religion. 405 Section 12. Subsection (1) and paragraph (a) of subsection 406 (2) of section 760.25, Florida Statutes, are amended to read: 407 760.25 Discrimination in the financing of housing or in 408 residential real estate transactions.— 409 (1) It is unlawful for any bank, building and loan 410 association, insurance company, or other corporation, 411 association, firm, or enterprise the business of which consists 412 in whole or in part of the making of commercial real estate 413 loans to deny a loan or other financial assistance to a person 414 applying for the loan for the purpose of purchasing, 415 constructing, improving, repairing, or maintaining a dwelling, 416 or to discriminate against him or her in the fixing of the 417 amount, interest rate, duration, or other term or condition of 418 such loan or other financial assistance, because of the race, 419 color, national origin, sex, sexual orientation, gender 420 identity, handicap, familial status, or religion of such person 421 or of any person associated with him or her in connection with 422 such loan or other financial assistance or the purposes of such 423 loan or other financial assistance, or because of the race, 424 color, national origin, sex, sexual orientation, gender 425 identity, handicap, familial status, or religion of the present 426 or prospective owners, lessees, tenants, or occupants of the 427 dwelling or dwellings in relation to which such loan or other 428 financial assistance is to be made or given. 429 (2)(a) It is unlawful for any person or entity whose 430 business includes engaging in residential real estate 431 transactions to discriminate against any person in making 432 available such a transaction, or in the terms or conditions of 433 such a transaction, because of race, color, national origin, 434 sex, sexual orientation, gender identity, handicap, familial 435 status, or religion. 436 Section 13. Section 760.26, Florida Statutes, is amended to 437 read: 438 760.26 Prohibited discrimination in land use decisions and 439 in permitting of development.—It is unlawful to discriminate in 440 land use decisions or in the permitting of development based on 441 race, color, national origin, sex, sexual orientation, gender 442 identity, disability, familial status, religion, or, except as 443 otherwise provided by law, the source of financing of a 444 development or proposed development. 445 Section 14. Paragraph (a) of subsection (5) of section 446 760.29, Florida Statutes, is amended to read: 447 760.29 Exemptions.— 448 (5) Nothing in ss. 760.20-760.37: 449 (a) Prohibits a person engaged in the business of 450 furnishing appraisals of real property from taking into 451 consideration factors other than race, color, national origin, 452 sex, sexual orientation, gender identity, handicap, familial 453 status, or religion. 454 Section 15. Subsection (1) of section 760.60, Florida 455 Statutes, is amended to read: 456 760.60 Discriminatory practices of certain clubs 457 prohibited; remedies.— 458 (1) It is unlawful for a person to discriminate against any 459 individual because of race, color, religion, gender, national 460 origin, handicap, age above the age of 21, sexual orientation, 461 gender identity, or marital status in evaluating an application 462 for membership in a club that has more than 400 members, that 463 provides regular meal service, and that regularly receives 464 payment for dues, fees, use of space, facilities, services, 465 meals, or beverages directly or indirectly from nonmembers for 466 business purposes. It is unlawful for a person, on behalf of 467 such a club, to publish, circulate, issue, display, post, or 468 mail any advertisement, notice, or solicitation that contains a 469 statement to the effect that the accommodations, advantages, 470 facilities, membership, or privileges of the club are denied to 471 any individual because of race, color, religion, gender, 472 national origin, handicap, age above the age of 21, sexual 473 orientation, gender identity, or marital status. This subsection 474 does not apply to fraternal or benevolent organizations, ethnic 475 clubs, or religious organizations where business activity is not 476 prevalent. 477 Section 16. Paragraph (e) of subsection (1) of section 478 419.001, Florida Statutes, is amended to read: 479 419.001 Site selection of community residential homes.— 480 (1) For the purposes of this section, the term: 481 (e) “Resident” means any of the following: a frail elder as 482 defined in s. 429.65; a person who has a handicap as defined in 483 s. 760.22(8)(a)s. 760.22(7)(a); a person who has a 484 developmental disability as defined in s. 393.063; a 485 nondangerous person who has a mental illness as defined in s. 486 394.455; or a child who is found to be dependent as defined in 487 s. 39.01 or s. 984.03, or a child in need of services as defined 488 in s. 984.03 or s. 985.03. 489 Section 17. This act shall take effect July 1, 2020.