Amended Agenda Item 6A-Resolution No. 14-02RESOLUTION NO. 14-02
AMENDED AGENDA ITEM# 6A
FEBRUARY 10,2014
A RESOLUTION OF THE CITY OF ATLANTIC BEACH,
FLORIDA, SUPPORTING THE PROPOSED "FLORIDA
COMPETITIVE WORKFORCE ACT," PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Senator Abruzzo filed Senate Bill 348 in the Florida State Legislature refened
to as the, "Florida Competitive Workforce Act," which would amend Section 760.01, Florida
Statutes, to prohibit discrimination on the basis of a person's actual or perceived sexual orientation,
gender identity or expression; and
WHEREAS, Senators Soto, Bullard, Margolis and Clemens are Co-Sponsors of Senate Bill
348;and
WHEREAS, Representatives Saunders and Raschein filed House Bill 239 in the Florida
State Legislature refened to as the, "Florida Competitive Workforce Act," which would amend
Section 760.01, Florida Statutes, to prohibit discrimination on the basis of a person's actual or
perceived sexual orientation, gender identity or expression; and
WHEREAS, Representatives Berman; Castor Dentel; Cruz; Danish; Edwards; Fitzenhagen;
Goodson; Hager; Hood; Hutson; Jones, S.; Moskowitz; Murphy; Pafford; Pilon; Richardson;
Rodriguez, J.; Rouson; Stark; Stewmt; Watson, C. are Co-Sponsors ofHouse Bill239; and
WHEREAS, it is appropriate for the Mayor and Commission of the City of Atlantic Beach
to support proposed State of Florida legislation by adopting a resolution of support and distributing
copies by mail and personally to State Legislators that will enhance the City of Atlantic Beach and
other Florida cities and our citizens.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. The City Commission of the City of Atlantic Beach, Florida hereby supports
Senate Bill 348 and House Bill 239 filed in the 2014 Florida Legislature.
SECTION 2. The City Commission of the City of Atlantic Beach, Florida hereby authorizes
and directs copies of this resolution be sent to Florida State Legislators.
SECTION 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED by the City Commission of Atlantic Beach, Florida on this lOth
day ofFebruary 2014.
CAROLYN WOODS, Mayor
ATTEST:
DONNA L. BARTLE, City Clerk
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Florida Senate -2014 SB 348
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By Senator Abruzzo
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A bill to be entitled
An act relating to prohibited discrimination; creating
the "Florida Competitive Workforce Act"; amending s.
509.092, F.S.; adding sexual orientation and gender
identity or expression and the perception of race,
creed, color, sex, physical disability, sexual
orientation, gender identity or expression, or
national origin as impermissible grounds for
discrimination in public lodging establishments and
public food service establishments; providing an
exception for constitutionally protected free exercise
of religion; amending s. 760.01, F.S.; revising
provisions to include sexual orientation and gender
identity or expression and the perception of race,
color, religion, sexj national origin, age, sexual
orientation, gender identity or expression, handicap,
or marital status as impermissible grounds for
discrimination; amending s. 760.02, F.S.; defining
additional terms; amending ss. 760.05 and 760.07,
F.S.; adding sexual orientation and gender identity or
expression and the perception of race, color,
religion, sex, national origin, age, sexual
orientation, gender identity or expression, handicap,
or marital status as impermissible grounds for
discrimination; conforming terminology; amending s.
760.08, F.S.; adding sexual orientation and gender
identity or expression and the perception of race,
color, national origin, sex, sexual orientation,
gender identity or expression, handicap, familial
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Florida Senate -2014 SB 348
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status, or religion as impermissible grounds for
discrimination; amending s. 760.10, F.S.; adding
sexual orientation and gender identity or expression
and the perception of race, color, religion, sex,
national origin, age, sexual orientation, gender
identity or expression, handicap, or marital status as
impermissible grounds for discrimination; providing an
exception for constitutionally protected free exercise
of religion; amending s. 760.22, F.S.; defining
additional terms; amending ss. 760.23, 760.24, 760.25,
and 760.26, F.S.; adding sexual orientation and gender
identity or expression and the perception of race,
color, national origin, sex, sexual orientation,
gender identity or expression, handicap, familial
status, or religion as impermissible grounds for
discrimination; amending s. 760.29, F.S.; adding
sexual orientation and gender identity or expression
as impermissible grounds for discrimination; amending
s. 760.60, F.S.; adding sexual orientation and gender
identity or expression and the perception of race,
color, religion, sex, national origin, handicap, age,
sexual orientation, gender identity or expression, or
marital status as impermissible grounds for
discrimination; amending s. 419.001, F.S.; conforming
a cross-reference; providing an effective date.
56 Be It Enacted by the Legislature of the State of Florida:
57
58 Section 1. This act may be cited as the "Florida
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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 Jll 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 Jll A person aggrieved by a violation of this section or a
72 violation of a rule adopted under this section has a right of
7 3 action pursuant to s. 7 60. 11.
74 (3) This section does not limit the free exercise of
75 religion guaranteed by the United States Constitution and the
7 6 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
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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 Aet 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-ny 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,
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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 QQl-f-§-t "National origin" includes ancestry.
124 JlJ:l-f-6-t "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 'vvorking day in each of 2 0 or more calendar
132 ~weks 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, ',v'ith or ~dthout compensation, to procure employees
136 for an employer or to procure for employees opportunities to
137 Hork 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 Hhole or in part, of collective
140 bargaining or of dealing 'vv'ith 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 Hho files a
14 4 complaint ~dth the Human Relations Commission.
145 __L!:ll+±-1-1-"Public accommodations" means places of public
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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 Hhich
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 Hhich 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) ~ 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 arry retail
161 establishment, or ~ arry gasoline station.
162 (c) ~ 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 ·,vhich is physically located
166 within the premises of an arry establishment otherwise covered by
167 this subsection, or within the premises of which is physically
168 located any such covered establishment, and that ~vhich 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
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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 Afiy
189 violation of any Florida statute that prohibits making unlah'ful
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 ins. 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
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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
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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~
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
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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,
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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)~ 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 J£1 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.
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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 Hhich consists of four or more units
330 and has an elevator; or
331 (b) The ground floor units of a building that Hhich
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 Hhich 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.
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349 (7) "Gender identity or expression" has the same meaning as
350 provided in s. 7 60. 02.
351 ill+++ "Handicap" means:
352 (a) A person has a physical or mental impairment that 'lvhich
353 substantially limits one or more major life activities, or he or
354 she has a record of having, or being ±& 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 ill~ "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 ins. 760.02.
365 Ql.l-f-9-t "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 o. 115.6.
368 ~-f-1-G+ "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
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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 relat·ed services or facilities
385 in connection thermdth, 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 ~ 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 afiY dwelling is
402 not available for inspection, sale, or rental if whefi such
403 dwelling is in fact so available.
404 (5) It is unlawful, for profit, to induce or attempt to
405 induce a afiY person to sell or rent any dwelling by a
406 representation regarding the entry or prospective entry into the
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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 ~ arry 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
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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-tty 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.
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AMENDED AGENDA ITEM# 6A
FEBRUARY 10,2014
25-00506-14 2014348
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 handieap, 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
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2014348
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 ins. 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 ins. 984.03 or s. 985.03.
511 Section 17. This act shall take effect July 1, 2014.
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FLORIDA H 0 U S E 0 F R E P R E S E N T A T I V E S
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HB 239
AMENDED AGENDA ITEM# 6A
FEBRUARY 10,2014
A bill to be entitled
An act relating to prohibited discrimination; creating
the "Florida Competitive Workforce Act"; amending s.
760.01, F.S.; revising provisions to include sexual
orientation and gender identity or expression and the
perception of race, color, religion, sex, national
origin, age, sexual orientation, gender identity or
expression, handicap, or marital status as
impermissible grounds for discrimination; reordering
and amending s. 760.02, F.S.; defining additional
terms; amending ss. 760.05, 760.07, and 760.08, F.S.;
adding sexual orientation and gender identity or
expression as impermissible grounds for
discrimination; conforming terminology; amending s.
760.10, F.S.; adding sexual orientation and gender
identity or expression as impermissible grounds for
discrimination; providing an exception for
constitutionally protected free exercise of religion;
amending s. 509.092, F.S.; adding sexual orientation
and gender identity or expression as impermissible
grounds for discrimination in public lodging
establishments and public food service establishments;
providing an exception for constitutionally protected
free exercise of religion; amending s. 760.22, F.S.;
defining additional terms; amending ss. 760.23,
7 6 0 . 2 4, 7 6 0 . 2 5, 7 6 0 . 2 6, 7 6 0 . 2 9, and 7 6 0 . 6 0, F. S . ;
adding sexual orientation and gender identity or
expression as impermissible grounds for
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HB 239 2014
29 discrimination; amending s. 419.001, F.S.; conforming
30 a cross-reference; providing an effective date.
31
32 Be It Enacted by the Legislature of the State of Florida:
33
34 Section 1. This act may be cited as the "Florida
35 Competitive Workforce Act."
36 Section 2. Subsection (2) of section 760.01, Florida
37 Statutes, is amended to read:
760.01 Purposes; construction; title.-38
39 (2) The general purposes of the Florida Civil Rights Act
40 of 1992 are to secure for all individuals within the state
41 freedom from discrimination because of or based on the
42 perception of race, color, religion, sex, national origin, age,
43 sexual orientation, gender identity or expression, handicap, or
44 marital status and thereby to protect their interest in personal
45 dignity, to make available to the state their full productive
46 capacities, to secure the state against domestic strife and
47 unrest, to preserve the public safety, health, and general
48 welfare, and to promote the interests, rights, and privileges of
49 individuals within the state.
50 Section 3. Section 760.02, Florida Statutes, is reordered
51 and amended to read:
52 760.02 Definitions.-For the purposes of ss. 760.01-760.11
53 and 509.092, the term:
54 Jll-+-±-G+ "Aggrieved person" means any person who files a
55 complaint with the Human Relations Commission.
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56 (2) "Commission" means the Florida Commission on Human
57 Relations created by s. 760.03.
58 ( 3) "Commissioner" or "member" means a member of the
59 commission.
60 (4) "Discriminatory practice" means any practice made
61 unlawful by the Florida Civil Rights Act of 1992.
62 ill-f-+t "Employer" means any person employing 15 or more
63 employees for each working day in each of 20 or more calendar
64 weeks in the current or preceding calendar year, and any agent
65 of such a person.
66 l§l-f-&t "Employment agency" means any person regularly
67 undertaking, with or without compensation, to procure employees
68 for an employer or to procure for employees opportunities to
69 work for an employer, and includes an agent of such a person.
70 Jll+±-t "Florida Civil Rights Act of 1992" means ss.
71 760.01-760.11 and 509.092.
72 (8) "Gender identity or expression" means gender-related
73 identity, appearance, expression, or behavior of an individual,
74 regardless of the individual's assigned sex at birth.
75 ( 9) "Labor organization" means any organization which
76 exists for the purpose, in whole or in part, of collective
77 bargaining or of dealing with employers concerning grievances,
78 terms or conditions of employment, or other mutual aid or
79 protection in connection with employment.
80 J.l...Ql-f-5+ "National origin" includes ancestry.
81 J11l-f-6-t "Person" includes an individual, association,
82 corporation, joint apprenticeship committee, joint-stock
83 company, labor union, legal representative, mutual company,
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84 partnership, receiver, trust, trustee in bankruptcy, or
85 unincorporated organization; any other legal or commercial
86 entity; the state; or any governmental entity or agency.
87 ~+±-±+ "Public accommodations" means places of public
88 accommodation, lodgings, facilities principally engaged in
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89 selling food for consumption on the premises, gasoline stations,
90 places of exhibition or entertainment, and other covered
91 establishments. Each of the following establishments which
92 serves the public is a place of public accommodation within the
93 meaning of this section:
94 (a) Any inn, hotel, motel, or other establishment that
95 ~Jhich provides lodging to transient guests, other than an
96 establishment located within a building that h'hich contains not
97 more than four rooms for rent or hire and that h'hich is actually
98 occupied by the proprietor of such establishment as his or her
99 residence.
100 (b) Any restaurant, cafeteria, lunchroom, lunch counter,
101 soda fountain, or other facility principally engaged in selling
102 food for consumption on the premises, including, but not limited
103 to, any such facility located on the premises of any retail
104 establishment, or any gasoline station.
105 (c) Any motion picture theater, theater, concert hall,
106 sports arena, stadium, or other place of exhibition or
107 entertainment.
108 (d) Any establishment that Hhich is physically located
109 within the premises of any establishment otherwise covered by
110 this subsection, or within the premises of which is physically
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111 located any such covered establishment, and which holds itself
112 out as serving patrons of such covered establishment.
2014
113 (13) "Sexual orientation" means an individual's actual or
114 perceived heterosexuality, homosexuality, or bisexuality.
115 Section 4. Section 760.05, Florida Statutes, is amended to
116 read:
117 760.05 Functions of the commission.-The commission shall
118 promote and encourage fair treatment and equal opportunity for
119 all persons regardless of race, color, religion, sex, national
120 origin, age, sexual orientation, gender identity or expression,
121 handicap, or marital status and mutual understanding and respect
122 among all members of society all economic, social, racial,
123 religious, and ethnic groups; and the commission shall endeavor
124 to eliminate discrimination against, and antagonism between,
125 persons on the basis of or based on the perception of race,
126 color, religion, sex, national origin, age, sexual orientation,
127 gender identity or expression, handicap, or marital status
128 religious, racial, and ethnic groups and their members.
129 Section 5. Section 760.07, Florida Statutes, is amended to
130 read:
131 760.07 Remedies for unlawful discrimination.-Any violation
132 of any Florida statute making unlawful discrimination because of
133 or based on the perception of race, color, religion, gender,
134 national origin, age, sexual orientation, gender identity or
135 expression, handicap, or marital status in the areas of
136 education, employment, housing, or public accommodations gives
137 rise to a cause of action for all relief and damages described
138 ins. 760.11(5), unless greater damages are expressly provided
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139 for. If the statute prohibiting unlawful discrimination provides
140 an administrative remedy, the action for equitable relief and
141 damages provided for in this section may be initiated only after
142 the plaintiff has exhausted his or her administrative remedy.
14 3 The term "public accommodations" does not include lodge halls or
144 other similar facilities of private organizations that which are
145 made available for public use occasionally or periodically. The
146 right to trial by jury is preserved in any case in which the
147 plaintiff is seeking actual or punitive damages.
148 Section 6. Section 760.08, Florida Statutes, is amended to
149 read:
150 760.08 Discrimination in places of public accommodation.-
151 All persons shall be entitled to the full and equal enjoyment of
152 the goods, services, facilities, privileges, advantages, and
153 accommodations of any place of public accommodation, as defined
154 in this chapter, without discrimination or segregation on the
155 ground of or based on the perception of race, color, national
156 origin, sex, sexual orientation, gender identity or expression,
157 handicap, familial status, or religion.
158 Section 7. Subsections (1) and (2), paragraphs (a) and (b)
159 of subsection (3), subsections (4), (5), and (6), paragraph (a)
160 of subsection (8), and subsection (9) of section 760.10, Florida
161 Statutes, are amended to read:
162 760.10 Unlawful employment practices.-
163 (1) It is an unlawful employment practice for an employer:
164 (a) To discharge or to fail or refuse to hire any
165 individual, or otherwise to discriminate against any individual
166 with respect to compensation, terms, conditions, or privileges
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167 of employment, because of or based on the perception of such
168 individual's race, color, religion, sex, national origin, age,
169 sexual orientation, gender identity or expression, handicap, or
17 0 marital status.
171 (b) To limit, segregate, or classify employees or
172 applicants for employment in any way which would deprive or tend
173 to deprive any individual of employment opportunities, or
174 adversely affect any individual's status as an employee, because
175 of or based on the perception of such individual's race, color,
176 religion, sex, national origin, age, sexual orientation, gender
177 identity or expression, handicap, or marital status.
178 ( 2) It is an unlawful employment practice for an
179 employment agency to fail or refuse to refer for employment, or
180 otherwise to discriminate against, any individual because of or
181 based on the perception of race, color, religion, sex, national
182 origin, age, sexual orientation, gender identity or expression,
183 handicap, or marital status or to classify or refer for
184 employment any individual on the basis of or based on the
185 perception of race, color, religion, sex, national origin, age,
186 sexual orientation, gender identity or expression, handicap, or
187 marital status.
188 ( 3) It is an unlawful employment practice for a labor
189 organization:
190 (a) To exclude or to expel from its membership, or
191 otherwise to discriminate against, any individual because of or
192 based on the perception of race, color, religion, sex, national
193 origin, age, sexual orientation, gender identity or expression,
194 handicap, or marital status.
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195 (b) To limit, segregate, or classify its membership or
196 applicants for membership, or to classify or fail or refuse to
197 refer for employment any individual, in any way which would
198 deprive or tend to deprive any individual of employment
2014
199 opportunities, or adversely affect any individual's status as an
200 employee or as an applicant for employment, because of or based
201 on the perception of such individual's race, color, religion,
202 sex, national origin, age, sexual orientation, gender identity
203 or expression, handicap, or marital status.
204 (4) It is an unlawful employment practice for any
205 employer, labor organization, or joint labor-management
206 committee controlling apprenticeship or other training or
207 retraining, including on-the-job training programs, to
208 discriminate against any individual because of or based on the
209 perception of race, color, religion, sex, national origin, age,
210 sexual orientation, gender identity or expression, handicap, or
211 marital status in admission to, or employment in, any program
212 established to provide apprenticeship or other training.
213 (5) Whenever, in order to engage in a profession,
214 occupation, or trade, it is required that a person receive a
215 license, certification, or other credential, become a member or
216 an associate of any club, association, or other organization, or
217 pass any examination, it is an unlawful employment practice for
218 any person to discriminate against any other person seeking such
219 license, certification, or other credential, seeking to become a
220 member or associate of such club, association, or other
221 organization, or seeking to take or pass such examination,
222 because of or based on the perception of such other person's
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223 race, color, religion, sex, national origin, age, sexual
224 orientation, gender identity or expression handicap, or marital
225 status.
226 (6) It is an unlawful employment practice for an employer,
227 labor organization, employment agency, or joint labor-management
228 committee to print, or cause to be printed or published, any
229 notice or advertisement relating to employment, membership,
230 classification, referral for employment, or apprenticeship or
231 other training, indicating any preference, limitation,
232 specification, or discrimination, based on a person's actual or
233 perceived race, color, religion, sex, national origin, age,
234 sexual orientation, gender identity or expression, absence of
235 handicap, or marital status.
236 (8) Notwithstanding any other provision of this section,
237 it is not an unlawful employment practice under ss. 760.01-
238 760.10 for an employer, employment agency, labor organization,
239 or joint labor-management committee to:
240 (a) Take or fail to take any action on the basis of a
241 person's actual or perceived religion, sex, national origin,
242 age, sexual orientation, gender identity or expression,
243 handicap, or marital status in those certain instances in which
244 religion, sex, national origin, age, sexual orientation, gender
245 identity or expression, absence of a particular handicap, or
246 marital status is a bona fide occupational qualification
247 reasonably necessary for the performance of the particular
248 employment to which such action or inaction is related.
249 (9)~ This section shall not apply to any religious
250 corporation, association, educational institution, or society
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251 which conditions opportunities in the area of employment or
252 public accommodation to members of that religious corporation,
253 association, educational institution, or society or to persons
254 who subscribe to its tenets or beliefs.
255 JQl This section shall not prohibit a religious
256 corporation, association, educational institution, or society
257 from giving preference in employment to individuals of a
2014
258 particular religion to perform work connected with the carrying
259 on by such corporations, associations, educational institutions,
260 or societies of its various activities.
261 (c) This section and s. 760.08 shall not apply to limit
262 the free exercise of religion guaranteed by the United States
263 Constitution and the State Constitution.
264 Section 8. Section 509.092, Florida Statutes, is amended
265 to read:
266 509.092 Public lodging establishments and public food
267 service establishments; rights as private enterprises.-
268 Jll Public lodging establishments and public food service
269 establishments are private enterprises, and the operator has the
270 right to refuse accommodations or service to any person who is
271 objectionable or undesirable to the operator, but such refusal
272 may not be based upon the person's actual or perceived race,
273 creed, color, sex, physical disability, sexual orientation,
274 gender identity or expression, or national origin.
275 A person aggrieved by a violation of this section or
276 a violation of a rule adopted under this section has a right of
277 action pursuant to s. 760.11.
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278 (3) This section shall not limit the free exercise of
279 religion guaranteed by the United States Constitution and the
280 Florida Constitution.
2014
281 Section 9. Section 760.22, Florida Statutes, is amended to
282 read:
283 760.22 Definitions.-As used in ss. 760.20-760.37, the
284 term:
285 ( 1) "Commission" means the Florida Commission on Human
286 Relations.
(2) "Covered multifamily dwelling" means: 287
288 (a) A building that h'hich consists of four or more units
289 and has an elevator; or
290 (b) The ground floor units of a building that ~Jhich
291 consists of four or more units and does not have an elevator.
292 (3) "Discriminatory housing practice" means an act that is
293 unlawful under the terms of ss. 760.20-760.37.
294 (4) "Dwelling" means any building or structure, or portion
295 thereof, which is occupied as, or designed or intended for
296 occupancy as, a residence by one or more families, and any
297 vacant land that which is offered for sale or lease for the
298 construction or location on the land of any such building or
299 structure, or portion thereof.
300 ( 5) "Familial status" is established when an individual
301 who has not attained the age of 18 years is domiciled with:
302 (a) A parent or other person having legal custody of such
303 individual; or
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304 (b) A designee of a parent or other person having legal
305 custody, with the written permission of such parent or other
306 person.
307
308
(6)
(7)
"Family" includes a single individual.
"Gender identity or expression" has the same meaning
309 as provided in s. 7 60. 02.
310
311
ill++-l--"Handicap" means:
(a) A person has a physical or mental impairment which
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312 substantially limits one or more major life activities, or he or
313 she has a record of having, or is regarded as having, such
314 physical or mental impairment; or
315 (b) A person has a developmental disability as defined in
316 s. 393.063.
317 ill+-8+ "Person" includes one or more individuals,
318 corporations, partnerships, associations, labor organizations,
319 legal representatives, mutual companies, joint-stock companies,
320 trusts, unincorporated organizations, trustees, trustees in
321 bankruptcy, receivers, and fiduciaries.
322 (10) "Sexual orientation" has the same meaning as provided
323 ins. 760.02.
324 J.l..ll-f-9+ "Substantially equivalent" means an administrative
325 subdivision of the State of Florida meeting the requirements of
326 24 C.F.R. part 115, s. 115.6.
327 lill+±-G+ "To rent" includes to lease, to sublease, to let,
328 and otherwise to grant for a consideration the right to occupy
329 premises not owned by the occupant.
330 Section 10. Subsections (1), (2), (3), (4), and (5) of
331 section 760.23, Florida Statutes, are amended to read:
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332 760.23 Discrimination in the sale or rental of housing and
333 other prohibited practices.-
334 (1) It is unlawful to refuse to sell or rent after the
335 making of a bona fide offer, to refuse to negotiate for the sale
336 or rental of, or otherwise to make unavailable or deny a
337 dwelling to any person because of or based on the perception of
338 race, color, national origin, sex, sexual orientation, gender
339 identity or expression, handicap, familial status, or religion.
340 (2) It is unlawful to discriminate against any person in
341 the terms, conditions, or privileges of sale or rental of a
342 dwelling, or in the provision of services or facilities in
343 connection therewith, because of or based on the perception of
344 race, color, national origin, sex, sexual orientation, gender
345 identity or expression, handicap, familial status, or religion.
346 (3) It is unlawful to make, print, or publish, or cause to
347 be made, printed, or published, any notice, statement, or
348 advertisement with respect to the sale or rental of a dwelling
349 that indicates any preference, limitation, or discrimination
350 based on a person's actual or perceived race, color, national
351 origin, sex, sexual orientation, gender identity or expression,
352 handicap, familial status, or religion or an intention to make
353 any such preference, limitation, or discrimination.
354 (4) It is unlawful to represent to any person because of
355 or based on the perception of the person's race, color, national
356 origin, sex, sexual orientation, gender identity or expression,
357 handicap, familial status, or religion that any dwelling is not
358 available for inspection, sale, or rental when such dwelling is
359 in fact so available.
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360 (5) It is unlawful, for profit, to induce or attempt to
361 induce any person to sell or rent any dwelling by a
362 representation regarding the entry or prospective entry into the
363 neighborhood of a person or persons of or perceived to be of a
364 particular race, color, national origin, sex, sexual
365 orientation, gender identity or expression, handicap, familial
366 status, or religion.
367 Section 11. Section 760.24, Florida Statutes, is amended
368 to read:
369 760.24 Discrimination in the provision of brokerage
370 services.-It is unlawful to deny any person access to, or
371 membership or participation in, any multiple-listing service,
372 real estate brokers' organization, or other service,
373 organization, or facility relating to the business of selling or
374 renting dwellings, or to discriminate against him or her in the
375 terms or conditions of such access, membership, or
376 participation, on account of or based on the perception of race,
377 color, national origin, sex, sexual orientation, gender identity
378 or expression, handicap, familial status, or religion.
379 Section 12. Subsection (1) and paragraph (a) of subsection
380 (2) of section 760.25, Florida Statutes, are amended to read:
381 760.25 Discrimination in the financing of housing or in
382 residential real estate transactions.-
383 (1) It is unlawful for any bank, building and loan
384 association, insurance company, or other corporation,
385 association, firm, or enterprise the business of which consists
386 in whole or in part of the making of commercial real estate
387 loans to deny a loan or other financial assistance to a person
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388 applying for the loan for the purpose of purchasing,
389 constructing, improving, repairing, or maintaining a dwelling,
390 or to discriminate against him or her in the fixing of the
2014
391 amount, interest rate, duration, or other term or condition of
392 such loan or other financial assistance, because of or based on
393 the perception of the race, color, national origin, sex, sexual
394 orientation, gender identity or expression, handicap, familial
395 status, or religion of such person or of any person associated
396 with him or her in connection with such loan or other financial
397 assistance or the purposes of such loan or other financial
398 assistance, or because of or based on the perception of the
399 race, color, national origin, sex, sexual orientation, gender
400 identity or expression, handicap, familial status, or religion
401 of the present or prospective owners, lessees, tenants, or
402 occupants of the dwelling or dwellings in relation to which such
403 loan or other financial assistance is to be made or given.
404 ( 2) (a) It is unlawful for any person or entity whose
405 business includes engaging in residential real estate
406 transactions to discriminate against any person in making
407 available such a transaction, or in the terms or conditions of
408 such a transaction, because of or based on the perception of
409 race, color, national origin, sex, sexual orientation, gender
410 identity or expression, handicap, familial status, or religion.
411 Section 13. Section 760.26, Florida Statutes, is amended
412 to read:
413 760.26 Prohibited discrimination in land use decisions and
414 in permitting of development.-It is unlawful to discriminate in
415 land use decisions or in the permitting of development based on
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416 a person's actual or perceived race, color, national origin,
417 sex, sexual orientation, gender identity or expression,
418 disability, familial status, religion, or, except as otherwise
419 provided by law, the source of financing of a development or
420 proposed development.
421 Section 14. Paragraph (a) of subsection (5) of section
422 760.29, Florida Statutes, is amended to read:
423
424
425
760.29 Exemptions.-
(5) Nothing in ss. 760.20-760.37:
(a) Prohibits a person engaged in the business of
426 furnishing appraisals of real property from taking into
427 consideration factors other than race, color, national origin,
428 sex, sexual orientation, gender identity or expression,
429 handicap, familial status, or religion.
430 Section 15. Subsection (1) of section 760.60, Florida
431 Statutes, is amended to read:
432 760.60 Discriminatory practices of certain clubs
433 prohibited; remedies.-
434 (1) It is unlawful for a person to discriminate against
435 any individual because of or based on the perception of race,
436 color, religion, gender, national origin, handicap, age above
437 the age of 21, sexual orientation, gender identity or
438 expression, or marital status in evaluating an application for
439 membership in a club that has more than 400 members, that
440 provides regular meal service, and that regularly receives
441 payment for dues, fees, use of space, facilities, services,
442 meals, or beverages directly or indirectly from nonmembers for
443 business purposes. It is unlawful for a person, on behalf of
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444 such a club, to publish, circulate, issue, display, post, or
445 mail any advertisement, notice, or solicitation that contains a
446 statement to the effect that the accommodations, advantages,
447 facilities, membership, or privileges of the club are denied to
448 any individual because of or based on the perception of race,
449 color, religion, gender, national origin, handicap, age above
450 the age of 21, sexual orientation, gender identity or
451 expression, or marital status. This subsection does not apply to
452 fraternal or benevolent organizations, ethnic clubs, or
453 religious organizations where business activity is not
454 prevalent.
455 Section 16. Paragraph (e) of subsection (1) of section
456 419.001, Florida Statutes, is amended to read:
419.001 Site selection of community residential homes.-
(1) For the purposes of this section, the term:
457
458
459 (e) "Resident" means any of the following: a frail elder
460 as defined ins. 429.65; a person who has a handicap as defined
461 in s. 760.22 (8) (a) 760.22 (7) (a); a person who has a
462 developmental disability as defined in s. 393.063; a
463 nondangerous person who has a mental illness as defined in s.
464 394.455; or a child who is found to be dependent as defined in
465 s. 39.01 or s. 984.03, or a child in need of services as defined
466 ins. 984.03 or s. 985.03.
467 Section 17. This act shall take effect July 1, 2014.
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