Bill Text: FL S0742 | 2017 | Regular Session | Introduced
Bill Title: Housing Discrimination
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2017-05-05 - Died in Judiciary [S0742 Detail]
Download: Florida-2017-S0742-Introduced.html
Florida Senate - 2017 SB 742
By Senator Latvala
16-00345-17 2017742__
1 A bill to be entitled
2 An act relating to housing discrimination; amending s.
3 760.07, F.S.; removing housing discrimination as a
4 cause of action for certain relief and damages
5 stemming from violations of the Florida Civil Rights
6 Act of 1992; amending s. 760.22, F.S.; defining the
7 terms “gender identity” and “sexual orientation”;
8 amending ss. 760.23, 760.24, 760.25, 760.26, and
9 760.29, F.S.; prohibiting discrimination based on
10 sexual orientation and gender identity; amending s.
11 760.34, F.S.; removing certain conditions for an
12 aggrieved person to commence a civil action for a
13 discriminatory housing practice under the Fair Housing
14 Act; providing steps that an aggrieved person is not
15 required to take before commencing a civil action;
16 making technical changes; amending s. 760.35, F.S.;
17 authorizing, rather than requiring, an aggrieved
18 person to commence a civil action; specifying
19 circumstances under which an aggrieved person is
20 authorized to commence, and prohibited from
21 commencing, a civil action; amending s. 419.001, F.S.;
22 conforming a cross-reference; providing an effective
23 date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Section 760.07, Florida Statutes, is amended to
28 read:
29 760.07 Remedies for unlawful discrimination.—Any violation
30 of any Florida statute making unlawful discrimination because of
31 race, color, religion, gender, pregnancy, national origin, age,
32 handicap, or marital status in the areas of education,
33 employment, housing, or public accommodations gives rise to a
34 cause of action for all relief and damages described in s.
35 760.11(5), unless greater damages are expressly provided for. If
36 the statute prohibiting unlawful discrimination provides an
37 administrative remedy, the action for equitable relief and
38 damages provided for in this section may be initiated only after
39 the plaintiff has exhausted his or her administrative remedy.
40 The term “public accommodations” does not include lodge halls or
41 other similar facilities of private organizations which are made
42 available for public use occasionally or periodically. The right
43 to trial by jury is preserved in any case in which the plaintiff
44 is seeking actual or punitive damages.
45 Section 2. Present subsections (7), (8), (9), and (10) of
46 section 760.22, Florida Statues, are redesignated as subsections
47 (8), (9), (11), and (12), respectively, and new subsections (7)
48 and (10) are added to that section, to read:
49 760.22 Definitions.—As used in ss. 760.20-760.37, the term:
50 (7) “Gender identity” means gender-related identity,
51 appearance, or behavior, regardless of whether such gender
52 related identity, appearance, or behavior is different from that
53 traditionally associated with the individual’s physiology or
54 assigned sex at birth, and which can be shown by the individual
55 providing evidence, including, but not limited to:
56 (a) Medical history, care, or treatment of the gender
57 related identity, appearance, or behavior;
58 (b) Consistent and uniform assertion of the gender-related
59 identity; or
60 (c) Other evidence that the gender-related identity is a
61 sincerely held part of the individual’s core identity and is not
62 being asserted for any improper purpose.
63 (10) “Sexual orientation” means an individual’s
64 heterosexuality, homosexuality, or bisexuality.
65 Section 3. Subsections (1) through (5) of section 760.23,
66 Florida Statutes, are amended to read:
67 760.23 Discrimination in the sale or rental of housing and
68 other prohibited practices.—
69 (1) It is unlawful to refuse to sell or rent after the
70 making of a bona fide offer, to refuse to negotiate for the sale
71 or rental of, or otherwise to make unavailable or deny a
72 dwelling to any person because of race, color, national origin,
73 sex, sexual orientation, gender identity, handicap, familial
74 status, or religion.
75 (2) It is unlawful to discriminate against any person in
76 the terms, conditions, or privileges of sale or rental of a
77 dwelling, or in the provision of services or facilities in
78 connection therewith, because of race, color, national origin,
79 sex, sexual orientation, gender identity, handicap, familial
80 status, or religion.
81 (3) It is unlawful to make, print, or publish, or cause to
82 be made, printed, or published, any notice, statement, or
83 advertisement with respect to the sale or rental of a dwelling
84 that indicates any preference, limitation, or discrimination
85 based on race, color, national origin, sex, sexual orientation,
86 gender identity, handicap, familial status, or religion or an
87 intention to make any such preference, limitation, or
88 discrimination.
89 (4) It is unlawful to represent to any person because of
90 race, color, national origin, sex, sexual orientation, gender
91 identity, handicap, familial status, or religion that any
92 dwelling is not available for inspection, sale, or rental when
93 such dwelling is in fact so available.
94 (5) It is unlawful, for profit, to induce or attempt to
95 induce any person to sell or rent any dwelling by a
96 representation regarding the entry or prospective entry into the
97 neighborhood of a person or persons of a particular race, color,
98 national origin, sex, sexual orientation, gender identity,
99 handicap, familial status, or religion.
100 Section 4. Section 760.24, Florida Statutes, is amended to
101 read:
102 760.24 Discrimination in the provision of brokerage
103 services.—It is unlawful to deny any person access to, or
104 membership or participation in, any multiple-listing service,
105 real estate brokers’ organization, or other service,
106 organization, or facility relating to the business of selling or
107 renting dwellings, or to discriminate against him or her in the
108 terms or conditions of such access, membership, or
109 participation, on account of race, color, national origin, sex,
110 sexual orientation, gender identity, handicap, familial status,
111 or religion.
112 Section 5. Subsection (1) and paragraph (a) of subsection
113 (2) of section 760.25, Florida Statutes, are amended to read:
114 760.25 Discrimination in the financing of housing or in
115 residential real estate transactions.—
116 (1) It is unlawful for any bank, building and loan
117 association, insurance company, or other corporation,
118 association, firm, or enterprise the business of which consists
119 in whole or in part of the making of commercial real estate
120 loans to deny a loan or other financial assistance to a person
121 applying for the loan for the purpose of purchasing,
122 constructing, improving, repairing, or maintaining a dwelling,
123 or to discriminate against him or her in the fixing of the
124 amount, interest rate, duration, or other term or condition of
125 such loan or other financial assistance, because of the race,
126 color, national origin, sex, sexual orientation, gender
127 identity, handicap, familial status, or religion of such person
128 or of any person associated with him or her in connection with
129 such loan or other financial assistance or the purposes of such
130 loan or other financial assistance, or because of the race,
131 color, national origin, sex, handicap, familial status, or
132 religion of the present or prospective owners, lessees, tenants,
133 or occupants of the dwelling or dwellings in relation to which
134 such loan or other financial assistance is to be made or given.
135 (2)(a) It is unlawful for any person or entity whose
136 business includes engaging in residential real estate
137 transactions to discriminate against any person in making
138 available such a transaction, or in the terms or conditions of
139 such a transaction, because of race, color, national origin,
140 sex, sexual orientation, gender identity, handicap, familial
141 status, or religion.
142 Section 6. Section 760.26, Florida Statutes, is amended to
143 read:
144 760.26 Prohibited discrimination in land use decisions and
145 in permitting of development.—It is unlawful to discriminate in
146 land use decisions or in the permitting of development based on
147 race, color, national origin, sex, sexual orientation, gender
148 identity, handicap disability, familial status, religion, or,
149 except as otherwise provided by law, the source of financing of
150 a development or proposed development.
151 Section 7. Paragraph (a) of subsection (1) of section
152 760.29, Florida Statutes, is republished, and paragraph (a) of
153 subsection (5) of that section is amended, to read:
154 760.29 Exemptions.—
155 (1)(a) Nothing in ss. 760.23 and 760.25 applies to:
156 1. Any single-family house sold or rented by its owner,
157 provided such private individual owner does not own more than
158 three single-family houses at any one time. In the case of the
159 sale of a single-family house by a private individual owner who
160 does not reside in such house at the time of the sale or who was
161 not the most recent resident of the house prior to the sale, the
162 exemption granted by this paragraph applies only with respect to
163 one sale within any 24-month period. In addition, the bona fide
164 private individual owner shall not own any interest in, nor
165 shall there be owned or reserved on his or her behalf, under any
166 express or voluntary agreement, title to, or any right to all or
167 a portion of the proceeds from the sale or rental of, more than
168 three single-family houses at any one time. The sale or rental
169 of any single-family house shall be excepted from the
170 application of ss. 760.20-760.37 only if the house is sold or
171 rented:
172 a. Without the use in any manner of the sales or rental
173 facilities or the sales or rental services of any real estate
174 licensee or such facilities or services of any person in the
175 business of selling or renting dwellings, or of any employee or
176 agent of any such licensee or person; and
177 b. Without the publication, posting, or mailing, after
178 notice, of any advertisement or written notice in violation of
179 s. 760.23(3).
180
181 Nothing in this provision prohibits the use of attorneys, escrow
182 agents, abstractors, title companies, and other such
183 professional assistance as is necessary to perfect or transfer
184 the title.
185 2. Rooms or units in dwellings containing living quarters
186 occupied or intended to be occupied by no more than four
187 families living independently of each other, if the owner
188 actually maintains and occupies one of such living quarters as
189 his or her residence.
190 (5) Nothing in ss. 760.20-760.37:
191 (a) Prohibits a person engaged in the business of
192 furnishing appraisals of real property from taking into
193 consideration factors other than race, color, national origin,
194 sex, sexual orientation, gender identity, handicap, familial
195 status, or religion.
196 Section 8. Subsections (2) and (4) of section 760.34,
197 Florida Statutes, are amended, and subsections (5) and (6) are
198 republished, to read:
199 760.34 Enforcement.—
200 (2) Any person who files a complaint under subsection (1)
201 must do so be filed within 1 year after the alleged
202 discriminatory housing practice occurred. The complaint must be
203 in writing and shall state the facts upon which the allegations
204 of a discriminatory housing practice are based. A complaint may
205 be reasonably and fairly amended at any time. A respondent may
206 file an answer to the complaint against him or her and, with the
207 leave of the commission, which shall be granted whenever it
208 would be reasonable and fair to do so, may amend his or her
209 answer at any time. Both the complaint and the answer shall be
210 verified.
211 (4) If, within 180 days after a complaint is filed with the
212 commission or within 180 days after expiration of any period of
213 reference under subsection (3), the commission has been unable
214 to obtain voluntary compliance with ss. 760.20-760.37, The
215 person aggrieved person may commence a civil action in any
216 appropriate court against the respondent named in the complaint
217 or petition for an administrative determination pursuant to s.
218 760.35 to enforce the rights granted or protected by ss. 760.20
219 760.37. The aggrieved person is not required to petition for an
220 administrative hearing or to exhaust administrative remedies
221 before commencing a civil action. If, as a result of its
222 investigation under subsection (1), the commission finds there
223 is reasonable cause to believe that a discriminatory housing
224 practice has occurred, at the request of the person aggrieved,
225 the Attorney General may bring an action in the name of the
226 state on behalf of the aggrieved person to enforce the
227 provisions of ss. 760.20-760.37.
228 (5) In any proceeding brought pursuant to this section or
229 s. 760.35, the burden of proof is on the complainant.
230 (6) Whenever an action filed in court pursuant to this
231 section or s. 760.35 comes to trial, the commission shall
232 immediately terminate all efforts to obtain voluntary
233 compliance.
234 Section 9. Section 760.35, Florida Statutes, is amended to
235 read:
236 760.35 Civil actions and relief; administrative
237 procedures.—
238 (1) An aggrieved person may commence a civil action shall
239 be commenced no later than 2 years after an alleged
240 discriminatory housing practice has occurred. However, the court
241 shall continue a civil case brought pursuant to this section or
242 s. 760.34 from time to time before bringing it to trial if the
243 court believes that the conciliation efforts of the commission
244 or local agency are likely to result in satisfactory settlement
245 of the discriminatory housing practice complained of in the
246 complaint made to the commission or to the local agency and
247 which practice forms the basis for the action in court. Any
248 sale, encumbrance, or rental consummated prior to the issuance
249 of any court order issued under the authority of ss. 760.20
250 760.37 and involving a bona fide purchaser, encumbrancer, or
251 tenant without actual notice of the existence of the filing of a
252 complaint or civil action under the provisions of ss. 760.20
253 760.37 shall not be affected.
254 (2) An aggrieved person may commence a civil action under
255 this section regardless of whether a complaint has been filed
256 under s. 760.34(1) and regardless of the status of any such
257 complaint. If the commission has obtained a conciliation
258 agreement with the consent of an aggrieved person under s.
259 760.36, the aggrieved person may not file any action under this
260 section regarding the alleged discriminatory housing practice
261 that forms the basis for the complaint except for the purpose of
262 enforcing the terms of such an agreement.
263 (3) An aggrieved person may not commence a civil action
264 under this section regarding an alleged discriminatory housing
265 practice if an administrative law judge has commenced a hearing
266 on the record on the allegation.
267 (4)(2) If the court finds that a discriminatory housing
268 practice has occurred, it shall issue an order prohibiting the
269 practice and providing affirmative relief from the effects of
270 the practice, including injunctive and other equitable relief,
271 actual and punitive damages, and reasonable attorney attorney’s
272 fees and costs.
273 (5)(a)(3)(a) If the commission is unable to obtain
274 voluntary compliance with ss. 760.20-760.37 or has reasonable
275 cause to believe that a discriminatory practice has occurred:
276 1. The commission may institute an administrative
277 proceeding under chapter 120; or
278 2. The person aggrieved may request administrative relief
279 under chapter 120 within 30 days after receiving notice that the
280 commission has concluded its investigation under s. 760.34.
281 (b) Administrative hearings shall be conducted pursuant to
282 ss. 120.569 and 120.57(1). The respondent must be served written
283 notice by certified mail. If the administrative law judge finds
284 that a discriminatory housing practice has occurred or is about
285 to occur, he or she shall issue a recommended order to the
286 commission prohibiting the practice and recommending affirmative
287 relief from the effects of the practice, including quantifiable
288 damages and reasonable attorney attorney’s fees and costs. The
289 commission may adopt, reject, or modify a recommended order only
290 as provided under s. 120.57(1). Judgment for the amount of
291 damages and costs assessed pursuant to a final order by the
292 commission may be entered in any court having jurisdiction
293 thereof and may be enforced as any other judgment.
294 (c) The district courts of appeal may, upon the filing of
295 appropriate notices of appeal, review final orders of the
296 commission pursuant to s. 120.68. Costs or fees may not be
297 assessed against the commission in any appeal from a final order
298 issued by the commission under this subsection. Unless
299 specifically ordered by the court, the commencement of an appeal
300 does not suspend or stay an order of the commission.
301 (d) This subsection does not prevent any other legal or
302 administrative action provided by law.
303 Section 10. Paragraph (e) of subsection (1) of section
304 419.001, Florida Statutes, is amended to read:
305 419.001 Site selection of community residential homes.—
306 (1) For the purposes of this section, the term:
307 (e) “Resident” means any of the following: a frail elder as
308 defined in s. 429.65; a person who has a handicap as defined in
309 s. 760.22(8)(a) s. 760.22(7)(a); a person who has a
310 developmental disability as defined in s. 393.063; a
311 nondangerous person who has a mental illness as defined in s.
312 394.455; or a child who is found to be dependent as defined in
313 s. 39.01 or s. 984.03, or a child in need of services as defined
314 in s. 984.03 or s. 985.03.
315 Section 11. This act shall take effect upon becoming a law.
