Bill Text: FL S0566 | 2020 | Regular Session | Comm Sub
Bill Title: Prohibited Discrimination
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in Judiciary [S0566 Detail]
Download: Florida-2020-S0566-Comm_Sub.html
Florida Senate - 2020 CS for SB 566 By the Committee on Community Affairs; and Senator Bracy 578-02233-20 2020566c1 1 A bill to be entitled 2 An act relating to prohibited discrimination; 3 providing a short title; amending s. 420.516, F.S.; 4 providing that it is unlawful for sponsors under the 5 Florida Housing Finance Corporation Act to 6 discriminate against any person or family because of 7 traits historically associated with race; reordering 8 and amending s. 760.02, F.S.; defining the terms 9 “protective hairstyle” and “race”; amending s. 10 1000.21, F.S.; defining the terms “protective 11 hairstyle” and “race”; reenacting s. 420.5087(6)(i), 12 F.S., relating to the State Apartment Incentive Loan 13 Program, to incorporate the amendments made to s. 14 420.516, F.S.; providing an effective date. 15 16 WHEREAS, the history of our nation has been riddled with 17 laws and societal norms that equated “blackness” and its 18 associated physical traits as inferior to European physical 19 features, and 20 WHEREAS, this idea also permeates a societal understanding 21 of professionalism that was, and still is, closely linked to 22 European features and mannerisms and which entails that those 23 who do not naturally conform to Eurocentric norms must alter 24 their appearance to meet such norms and be considered 25 professional, and 26 WHEREAS, hair has been, and remains, a rampant source of 27 racial discrimination that has caused serious economic and 28 health ramifications, and 29 WHEREAS, workplace and school dress code policies that 30 prohibit natural hair, including afros, and certain hairstyles, 31 such as braids, twists, and locks, have a disparate impact on 32 black individuals as these policies are more likely to burden or 33 punish black employees and students compared to other groups, 34 and 35 WHEREAS, federal courts accept that Title VII of the Civil 36 Rights Act of 1964 prohibits discrimination based on race, and 37 therefore protects against discrimination against afros, and 38 WHEREAS, afros are not the only natural presentation of 39 black hair because black hair can also be naturally presented in 40 styles such as braids, twists, and locks, NOW, THEREFORE, 41 42 Be It Enacted by the Legislature of the State of Florida: 43 44 Section 1. This act may be cited as the “Creating a 45 Respectful and Open World for Natural Hair Act” or “CROWN Act.” 46 Section 2. Section 420.516, Florida Statutes, is amended to 47 read: 48 420.516 Discrimination prohibited.—It is an unlawful 49 practice for a sponsor, while bonds are outstanding for the 50 purpose of funding or financing the sponsor’s project, to 51 discriminate against any person or family because of race as 52 defined in s. 760.02, color, religion, sex, national origin, or 53 marital status. 54 Section 3. Section 760.02, Florida Statutes, is reordered 55 and amended to read: 56 760.02 Definitions.—For the purposes of ss. 760.01-760.11, 57 760.23, 760.25, and 509.092, the term: 58 (7)(1)“Florida Civil Rights Act of 1992” means ss. 760.01 59 760.11 and 509.092. 60 (2) “Commission” means the Florida Commission on Human 61 Relations created by s. 760.03. 62 (3) “Commissioner” or “member” means a member of the 63 commission. 64 (4) “Discriminatory practice” means any practice made 65 unlawful by the Florida Civil Rights Act of 1992. 66 (9)(5)“National origin” includes ancestry. 67 (10)(6)“Person” includes an individual, association, 68 corporation, joint apprenticeship committee, joint-stock 69 company, labor union, legal representative, mutual company, 70 partnership, receiver, trust, trustee in bankruptcy, or 71 unincorporated organization; any other legal or commercial 72 entity; the state; or any governmental entity or agency. 73 (5)(7)“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 preceding calendar year, and any agent 76 of such a person. 77 (6)(8)“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 (11) “Protective hairstyle” includes, but is not limited 82 to, hairstyles such as braids, locks, or twists. 83 (8)(9)“Labor organization” means any organization that 84whichexists for the purpose, in whole or in part, of collective 85 bargaining or of dealing with employers concerning grievances, 86 terms or conditions of employment, or other mutual aid or 87 protection in connection with employment. 88 (1)(10)“Aggrieved person” means any person who files a 89 complaint with the Florida Commission on Human Relations 90Commission. 91 (13) “Race” is inclusive of traits historically associated 92 with race, including, but not limited to, hair texture, hair 93 type, and protective hairstyles. 94 (12)(11)“Public accommodations” means places of public 95 accommodation, lodgings, facilities principally engaged in 96 selling food for consumption on the premises, gasoline stations, 97 places of exhibition or entertainment, and other covered 98 establishments. Each of the following establishments which 99 serves the public is a place of public accommodation within the 100 meaning of this section: 101 (a) Any inn, hotel, motel, or other establishment that 102whichprovides lodging to transient guests, other than an 103 establishment located within a building thatwhichcontains not 104 more than four rooms for rent or hire and thatwhichis actually 105 occupied by the proprietor of such establishment as his or her 106 residence. 107 (b) Any restaurant, cafeteria, lunchroom, lunch counter, 108 soda fountain, or other facility principally engaged in selling 109 food for consumption on the premises, including, but not limited 110 to, any such facility located on the premises of any retail 111 establishment, or any gasoline station. 112 (c) Any motion picture theater, theater, concert hall, 113 sports arena, stadium, or other place of exhibition or 114 entertainment. 115 (d) Any establishment thatwhichis physically located 116 within the premises of any establishment otherwise covered by 117 this subsection, or within the premises of which is physically 118 located any such covered establishment, and thatwhichholds 119 itself out as serving patrons of such covered establishment. 120 Section 4. Subsections (9) and (10) are added to section 121 1000.21, Florida Statutes, to read: 122 1000.21 Systemwide definitions.—As used in the Florida K-20 123 Education Code: 124 (9) “Protective hairstyle” includes, but is not limited to, 125 hairstyles such as braids, locks, or twists. 126 (10) “Race” is inclusive of traits historically associated 127 with race, including, but not limited to, hair texture, hair 128 type, and protective hairstyles. 129 Section 5. For the purpose of incorporating the amendment 130 made by this act to section 420.516, Florida Statutes, in a 131 reference thereto, paragraph (i) of subsection (6) of section 132 420.5087, Florida Statutes, is reenacted to read: 133 420.5087 State Apartment Incentive Loan Program.—There is 134 hereby created the State Apartment Incentive Loan Program for 135 the purpose of providing first, second, or other subordinated 136 mortgage loans or loan guarantees to sponsors, including for 137 profit, nonprofit, and public entities, to provide housing 138 affordable to very-low-income persons. 139 (6) On all state apartment incentive loans, except loans 140 made to housing communities for the elderly to provide for 141 lifesafety, building preservation, health, sanitation, or 142 security-related repairs or improvements, the following 143 provisions shall apply: 144 (i) The discrimination provisions of s. 420.516 shall apply 145 to all loans. 146 Section 6. This act shall take effect July 1, 2020.