Bill Text: FL S0206 | 2020 | Regular Session | Introduced
Bill Title: Prohibited Discrimination
Spectrum: Strong Partisan Bill (Democrat 17-1)
Status: (Failed) 2020-03-14 - Died in Governmental Oversight and Accountability [S0206 Detail]
Download: Florida-2020-S0206-Introduced.html
Florida Senate - 2020 SB 206 By Senator Rouson 19-00481-20 2020206__ 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. 116 (9) “Labor organization” means any organization thatwhich117 exists for the purpose, in whole or in part, of collective 118 bargaining or of dealing with employers concerning grievances, 119 terms or conditions of employment, or other mutual aid or 120 protection in connection with employment. 121 (1)(10)“Aggrieved person” means any person who files a 122 complaint with theHuman Relationscommission. 123 (12)(11)“Public accommodations” means places of public 124 accommodation, lodgings, facilities principally engaged in 125 selling food for consumption on the premises, gasoline stations, 126 places of exhibition or entertainment, and other covered 127 establishments. Each of the following establishments which 128 serves the public is a place of public accommodation within the 129 meaning of this section: 130 (a) Any inn, hotel, motel, or other establishment that 131whichprovides lodging to transient guests, other than an 132 establishment located within a building thatwhichcontains not 133 more than four rooms for rent or hire and thatwhichis actually 134 occupied by the proprietor of such establishment as his or her 135 residence. 136 (b) Any restaurant, cafeteria, lunchroom, lunch counter, 137 soda fountain, or other facility principally engaged in selling 138 food for consumption on the premises, including, but not limited 139 to, any such facility located on the premises of any retail 140 establishment, or any gasoline station. 141 (c) Any motion picture theater, theater, concert hall, 142 sports arena, stadium, or other place of exhibition or 143 entertainment. 144 (d) Any establishment thatwhichis physically located 145 within the premises of any establishment otherwise covered by 146 this subsection, or within the premises of which is physically 147 located any such covered establishment, and thatwhichholds 148 itself out as serving patrons of such covered establishment. 149 (13) “Sexual orientation” means an individual’s 150 heterosexuality, homosexuality, or bisexuality. 151 Section 5. Section 760.05, Florida Statutes, is amended to 152 read: 153 760.05 Functions of the commission.—The commission shall 154 promote and encourage fair treatment and equal opportunity for 155 all persons regardless of race, color, religion, sex, pregnancy, 156 national origin, age, sexual orientation, gender identity, 157 handicap, or marital status and mutual understanding and respect 158 among all members of society. The commissionall economic,159social, racial, religious, and ethnic groups; andshall endeavor 160 to eliminate discrimination against, and antagonism between, 161 persons on the basis of race, color, religion, sex, pregnancy, 162 national origin, age, sexual orientation, gender identity, 163 handicap, or marital statusreligious, racial, and ethnic groups164and their members. 165 Section 6. Section 760.07, Florida Statutes, is amended to 166 read: 167 760.07 Remedies for unlawful discrimination.—Any violation 168 of any state lawFlorida statutemaking unlawful discrimination 169 because of race, color, religion, gender, pregnancy, national 170 origin, age, sexual orientation, gender identity, handicap, or 171 marital status in the areas of education, employment, housing, 172 or public accommodations gives rise to a cause of action for all 173 relief and damages described in s. 760.11(5), unless greater 174 damages are expressly provided for. If the statute prohibiting 175 unlawful discrimination provides an administrative remedy, the 176 action for equitable relief and damages provided for in this 177 section may be initiated only after the plaintiff has exhausted 178 his or her administrative remedy. The term “public 179 accommodations” does not include lodge halls or other similar 180 facilities of private organizations which are made available for 181 public use occasionally or periodically. The right to trial by 182 jury is preserved in any case in which the plaintiff is seeking 183 actual or punitive damages. 184 Section 7. Section 760.08, Florida Statutes, is amended to 185 read: 186 760.08 Discrimination in places of public accommodation. 187 All persons are entitled to the full and equal enjoyment of the 188 goods, services, facilities, privileges, advantages, and 189 accommodations of any place of public accommodation without 190 discrimination or segregation on the ground of race, color, 191 national origin, sex, sexual orientation, gender identity, 192 pregnancy, handicap, familial status, or religion. 193 Section 8. Subsections (1) and (2), paragraphs (a) and (b) 194 of subsection (3), subsections (4), (5), and (6), paragraph (a) 195 of subsection (8), and subsection (9) of section 760.10, Florida 196 Statutes, are amended, and subsection (10) of that section is 197 republished, to read: 198 760.10 Unlawful employment practices.— 199 (1) It is an unlawful employment practice for an employer: 200 (a) To discharge or to fail or refuse to hire any 201 individual, or otherwise to discriminate against any individual 202 with respect to compensation, terms, conditions, or privileges 203 of employment, because of such individual’s race, color, 204 religion, sex, pregnancy, national origin, age, sexual 205 orientation, gender identity, handicap, or marital status. 206 (b) To limit, segregate, or classify employees or 207 applicants for employment in any way thatwhichwould deprive or 208 tend to deprive any individual of employment opportunities, or 209 adversely affect any individual’s status as an employee, because 210 of such individual’s race, color, religion, sex, pregnancy, 211 national origin, age, sexual orientation, gender identity, 212 handicap, or marital status. 213 (2) It is an unlawful employment practice for an employment 214 agency to fail or refuse to refer for employment, or otherwise 215 to discriminate against, any individual because of race, color, 216 religion, sex, pregnancy, national origin, age, sexual 217 orientation, gender identity, handicap, or marital status or to 218 classify or refer for employment any individual on the basis of 219 race, color, religion, sex, pregnancy, national origin, age, 220 sexual orientation, gender identity, handicap, or marital 221 status. 222 (3) It is an unlawful employment practice for a labor 223 organization: 224 (a) To exclude or to expel from its membership, or 225 otherwise to discriminate against, any individual because of 226 race, color, religion, sex, pregnancy, national origin, age, 227 sexual orientation, gender identity, handicap, or marital 228 status. 229 (b) To limit, segregate, or classify its membership or 230 applicants for membership, or to classify or fail or refuse to 231 refer for employment any individual, in any way that would 232 deprive or tend to deprive any individual of employment 233 opportunities, or adversely affect any individual’s status as an 234 employee or as an applicant for employment, because of such 235 individual’s race, color, religion, sex, pregnancy, national 236 origin, age, sexual orientation, gender identity, handicap, or 237 marital status. 238 (4) It is an unlawful employment practice for any employer, 239 labor organization, or joint labor-management committee 240 controlling apprenticeship or other training or retraining, 241 including on-the-job training programs, to discriminate against 242 any individual because of race, color, religion, sex, pregnancy, 243 national origin, age, sexual orientation, gender identity, 244 handicap, or marital status in admission to, or employment in, 245 any program established to provide apprenticeship or other 246 training. 247 (5) Whenever, in order to engage in a profession, 248 occupation, or trade, it is required that a person receive a 249 license, certification, or other credential;,become a member or 250 an associate of any club, association, or other organization;,251 or pass any examination, it is an unlawful employment practice 252 for any person to discriminate against any other person seeking 253 such license, certification, or other credential;,seeking to 254 become a member or associate of such club, association, or other 255 organization;,or seeking to take or pass such examination, 256 because of such other person’s race, color, religion, sex, 257 pregnancy, national origin, age, sexual orientation, gender 258 identity, handicap, or marital status. 259 (6) It is an unlawful employment practice for an employer, 260 a labor organization, an employment agency, or a joint labor 261 management committee to print, or cause to be printed or 262 published, any notice or advertisement relating to employment, 263 membership, classification, referral for employment, or 264 apprenticeship or other training which indicates, indicatingany 265 preference, limitation, specification, or discrimination,based 266 on race, color, religion, sex, pregnancy, national origin, age, 267 sexual orientation, gender identity, absence of handicap, or 268 marital status. 269 (8) Notwithstanding any other provision of this section, it 270 is not an unlawful employment practice under ss. 760.01-760.10 271 for an employer, employment agency, labor organization, or joint 272 labor-management committee to: 273 (a) Take or fail to take any action on the basis of 274 religion, sex, pregnancy, national origin, age, sexual 275 orientation, gender identity, handicap, or marital status in 276 those certain instances in which religion, sex, condition of 277 pregnancy, national origin, age, sexual orientation, gender 278 identity, absence of a particular handicap, or marital status is 279 a bona fide occupational qualification reasonably necessary for 280 the performance of the particular employment to which such 281 action or inaction is related. 282 (9)(a) This section doesshallnot apply to any religious 283 corporation, association, educational institution, or society 284 thatwhichconditions opportunities in the area of employment or 285 public accommodation to members of that religious corporation, 286 association, educational institution, or society or to persons 287 who subscribe to its tenets or beliefs. 288 (b) This section doesshallnot prohibit a religious 289 corporation, association, educational institution, or society 290 from giving preference in employment to individuals of a 291 particular religion to perform work connected with the carrying 292 on by such corporations, associations, educational institutions, 293 or societies of its various activities. 294 (c) This section and s. 760.08 do not limit the free 295 exercise of religion guaranteed by the United States 296 Constitution and the State Constitution. 297 (10) Each employer, employment agency, and labor 298 organization shall post and keep posted in conspicuous places 299 upon its premises a notice provided by the commission setting 300 forth such information as the commission deems appropriate to 301 effectuate the purposes of ss. 760.01-760.10. 302 Section 9. Section 760.22, Florida Statutes, is amended to 303 read: 304 760.22 Definitions.—As used in ss. 760.20-760.37, the term: 305 (1) “Commission” means the Florida Commission on Human 306 Relations. 307 (2) “Covered multifamily dwelling” means: 308 (a) A building thatwhichconsists of four or more units 309 and has an elevator; or 310 (b) The ground floor units of a building thatwhich311 consists of four or more units and does not have an elevator. 312 (3) “Discriminatory housing practice” means an act that is 313 unlawful under the terms of ss. 760.20-760.37. 314 (4) “Dwelling” means any building or structure, or portion 315 thereof, which is occupied as, or designed or intended for 316 occupancy as, a residence by one or more families, and any 317 vacant land thatwhichis offered for sale or lease for the 318 construction or location on the land of any such building or 319 structure, or portion thereof. 320 (5) “Familial status” is established when an individual who 321 has not attained the age of 18 years is domiciled with: 322 (a) A parent or other person having legal custody of such 323 individual; or 324 (b) A designee of a parent or other person having legal 325 custody, with the written permission of such parent or other 326 person. 327 (6) “Family” includes a single individual. 328 (7) “Gender identity” has the same meaning as provided in 329 s. 760.02. 330 (8)(7)“Handicap” means: 331 (a) Aperson has aphysical or mental impairment thatwhich332 substantially limits one or more major life activities of a 333 person who has,or he or shehas a record of having, or is 334 regarded as having that,suchphysical or mental impairment; or 335 (b) Aperson has adevelopmental disability as defined in 336 s. 393.063. 337 (9)(8)“Person” includes one or more individuals, 338 corporations, partnerships, associations, labor organizations, 339 legal representatives, mutual companies, joint-stock companies, 340 trusts, unincorporated organizations, trustees, trustees in 341 bankruptcy, receivers, and fiduciaries. 342 (10) “Sexual orientation” has the same meaning as provided 343 in s. 760.02. 344 (11)(9)“Substantially equivalent” means an administrative 345 subdivision of the State of Florida meeting the requirements of 346 24 C.F.R. part 115, s. 115.6. 347 (12)(10)“To rent” includes to lease, to sublease, to let, 348 and otherwise to grant for a consideration the right to occupy 349 premises not owned by the occupant. 350 Section 10. Subsections (1) through (5) of section 760.23, 351 Florida Statutes, are amended to read: 352 760.23 Discrimination in the sale or rental of housing and 353 other prohibited practices.— 354 (1) It is unlawful to refuse to sell or rent after the 355 making of a bona fide offer, to refuse to negotiate for the sale 356 or rental of, or otherwise to make unavailable or deny a 357 dwelling to any person because of race, color, national origin, 358 sex, sexual orientation, gender identity, handicap, familial 359 status, or religion. 360 (2) It is unlawful to discriminate against any person in 361 the terms, conditions, or privileges of sale or rental of a 362 dwelling, or in the provision of services or facilities in 363 connection therewith, because of race, color, national origin, 364 sex, sexual orientation, gender identity, handicap, familial 365 status, or religion. 366 (3) It is unlawful to make, print, or publish, or cause to 367 be made, printed, or published, any notice, statement, or 368 advertisement with respect to the sale or rental of a dwelling 369 that indicates any preference, limitation, or discrimination 370 based on race, color, national origin, sex, sexual orientation, 371 gender identity, handicap, familial status, or religion or an 372 intention to make any such preference, limitation, or 373 discrimination. 374 (4) It is unlawful to represent to any person because of 375 race, color, national origin, sex, sexual orientation, gender 376 identity, handicap, familial status, or religion that any 377 dwelling is not available for inspection, sale, or rental when 378 such dwelling is in fact so available. 379 (5) It is unlawful, for profit, to induce or attempt to 380 induce any person to sell or rent any dwelling by a 381 representation regarding the entry or prospective entry into the 382 neighborhood of a person or persons of a particular race, color, 383 national origin, sex, sexual orientation, gender identity, 384 handicap, familial status, or religion. 385 Section 11. Section 760.24, Florida Statutes, is amended to 386 read: 387 760.24 Discrimination in the provision of brokerage 388 services.—It is unlawful to deny any person access to, or 389 membership or participation in, any multiple-listing service, 390 real estate brokers’ organization, or other service, 391 organization, or facility relating to the business of selling or 392 renting dwellings, or to discriminate against him or her in the 393 terms or conditions of such access, membership, or 394 participation, becauseon accountof race, color, national 395 origin, sex, sexual orientation, gender identity, handicap, 396 familial status, or religion. 397 Section 12. Subsection (1) and paragraph (a) of subsection 398 (2) of section 760.25, Florida Statutes, are amended to read: 399 760.25 Discrimination in the financing of housing or in 400 residential real estate transactions.— 401 (1) It is unlawful for any bank, building and loan 402 association, insurance company, or other corporation, 403 association, firm, or enterprise the business of which consists 404 in whole or in part of the making of commercial real estate 405 loans to deny a loan or other financial assistance to a person 406 applying for the loan for the purpose of purchasing, 407 constructing, improving, repairing, or maintaining a dwelling, 408 or to discriminate against him or her in the fixing of the 409 amount, interest rate, duration, or other term or condition of 410 such loan or other financial assistance, because of the race, 411 color, national origin, sex, sexual orientation, gender 412 identity, handicap, familial status, or religion of such person 413 or of any person associated with him or her in connection with 414 such loan or other financial assistance or the purposes of such 415 loan or other financial assistance, or because of the race, 416 color, national origin, sex, sexual orientation, gender 417 identity, handicap, familial status, or religion of the present 418 or prospective owners, lessees, tenants, or occupants of the 419 dwelling or dwellings in relation to which such loan or other 420 financial assistance is to be made or given. 421 (2)(a) It is unlawful for any person or entity whose 422 business includes engaging in residential real estate 423 transactions to discriminate against any person in making 424 available such a transaction, or in the terms or conditions of 425 such a transaction, because of race, color, national origin, 426 sex, sexual orientation, gender identity, handicap, familial 427 status, or religion. 428 Section 13. Section 760.26, Florida Statutes, is amended to 429 read: 430 760.26 Prohibited discrimination in land use decisions and 431 in permitting of development.—It is unlawful to discriminate in 432 land use decisions or in the permitting of development based on 433 race, color, national origin, sex, sexual orientation, gender 434 identity, disability, familial status, religion, or, except as 435 otherwise provided by law, the source of financing of a 436 development or proposed development. 437 Section 14. Paragraph (a) of subsection (5) of section 438 760.29, Florida Statutes, is amended to read: 439 760.29 Exemptions.— 440 (5) Nothing in ss. 760.20-760.37: 441 (a) Prohibits a person engaged in the business of 442 furnishing appraisals of real property from taking into 443 consideration factors other than race, color, national origin, 444 sex, sexual orientation, gender identity, handicap, familial 445 status, or religion. 446 Section 15. Subsection (1) of section 760.60, Florida 447 Statutes, is amended to read: 448 760.60 Discriminatory practices of certain clubs 449 prohibited; remedies.— 450 (1) It is unlawful for a person to discriminate against any 451 individual because of race, color, religion, gender, national 452 origin, handicap, age above the age of 21, sexual orientation, 453 gender identity, or marital status in evaluating an application 454 for membership in a club that has more than 400 members, that 455 provides regular meal service, and that regularly receives 456 payment for dues, fees, use of space, facilities, services, 457 meals, or beverages directly or indirectly from nonmembers for 458 business purposes. It is unlawful for a person, on behalf of 459 such a club, to publish, circulate, issue, display, post, or 460 mail any advertisement, notice, or solicitation that contains a 461 statement to the effect that the accommodations, advantages, 462 facilities, membership, or privileges of the club are denied to 463 any individual because of race, color, religion, gender, 464 national origin, handicap, age above the age of 21, sexual 465 orientation, gender identity, or marital status. This subsection 466 does not apply to fraternal or benevolent organizations, ethnic 467 clubs, or religious organizations where business activity is not 468 prevalent. 469 Section 16. Paragraph (e) of subsection (1) of section 470 419.001, Florida Statutes, is amended to read: 471 419.001 Site selection of community residential homes.— 472 (1) For the purposes of this section, the term: 473 (e) “Resident” means any of the following: a frail elder as 474 defined in s. 429.65; a person who has a handicap as defined in 475 s. 760.22(8)(a)s. 760.22(7)(a); a person who has a 476 developmental disability as defined in s. 393.063; a 477 nondangerous person who has a mental illness as defined in s. 478 394.455; or a child who is found to be dependent as defined in 479 s. 39.01 or s. 984.03, or a child in need of services as defined 480 in s. 984.03 or s. 985.03. 481 Section 17. This act shall take effect July 1, 2020.