June 17, 2019
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_h0189__
HB 189

1
A bill to be entitled
2An act relating to Florida Commission on Human Relations;
3amending s. 110.112, F.S.; revising a reference to the
4Florida Civil Rights Act; amending s. 419.001, F.S.;
5deleting a reference to the term "handicapped"; conforming
6a cross-reference; amending s. 420.9075, F.S.; revising a
7cross-reference; amending s. 760.01, F.S.; redesignating
8the Florida Civil Rights Act of 1992 as the Florida Civil
9Rights Act; revising a cross-reference; substituting the
10term "disability" for the term "handicap"; amending s.
11760.02, F.S.; providing definitions; creating s. 760.0201,
12F.S.; providing guidelines for determination of the
13existence of an impairment; amending ss. 760.03 and
14760.04, F.S.; revising references to the Florida Civil
15Rights Act; amending s. 760.05, F.S.; substituting the
16term "disability" for the term "handicap"; creating s.
17760.055, F.S.; providing for administration of the Florida
18Civil Rights Act; amending s. 760.06, F.S.; revising
19references to the Florida Civil Rights Act; permitting the
20commission to use any method of discovery authorized by
21the Florida Rules of Civil Procedure in its proceedings;
22specifying persons and entities that may receive technical
23assistance from the commission; authorizing the commission
24to charge reasonable fees and assess costs for certain
25products or services; amending s. 760.07, F.S.;
26substituting the terms "sex" and "disability" for the
27terms "gender" and "handicap," respectively; conforming a
28cross-reference; amending s. 760.08, F.S.; substituting
29the term "disability" for the term "handicap"; amending s.
30760.10, F.S.; substituting the term "disability" for the
31term "handicap"; specifying when an unlawful employment
32practice occurs with respect to compensation
33discrimination; providing for relief for unlawful
34employment practices with regard to compensation
35discrimination; providing that an unlawful employment
36practice is established when a prohibited ground for
37discrimination is a motivating factor, even though other
38factors may have also contributed; specifying that certain
39protections extend to women who are pregnant or who have
40any medical condition related to pregnancy or childbirth;
41amending s. 760.11, F.S.; revising provisions relating to
42responses to complaints; providing for temporary or
43preliminary relief pending final disposition of charges;
44providing for relief upon a finding that a respondent to a
45complaint has intentionally engaged in unlawful practices;
46prohibiting orders of reinstatement, hiring, or promotion
47in certain circumstances; authorizing the executive
48director, on his or her own initiative, to reconsider his
49or her final determination of reasonable cause; conforming
50cross-references; providing a time limit for the
51commencement of certain actions; creating s. 760.12, F.S.;
52providing for recovery of expenditures for state-funded
53products or services provided by the commission under the
54Florida Civil Rights Act; creating s. 760.13, F.S.;
55providing fees for products or services provided under the
56Florida Civil Rights Act; authorizing the provision of
57information in electronic format; providing for
58disposition of fees; creating s. 760.14, F.S.; providing
59for mediation, arbitration, and conciliation services
60under the Florida Civil Rights Act; providing for a
61session fee and its disposition; specifying conditions for
62immunity from liability for persons providing such
63services; creating s. 760.15, F.S.; providing for
64computation of time under the Florida Civil Rights Act;
65creating s. 760.16, F.S.; providing for a direct-support
66organization for the commission; providing definitions;
67providing for a board of directors; providing for a
68contract between the organization and the commission;
69providing for use of property and services; providing for
70activities of the organization; providing for budgets and
71audits; providing limits on the powers of the
72organization; authorizing commission rulemaking concerning
73the organization; amending s. 760.20, F.S.; revising a
74cross-reference; amending s. 760.22, F.S.; revising a
75cross-reference; providing definitions; deleting the
76definition of the term "handicap"; creating s. 760.221,
77F.S.; providing guidelines for determination of the
78existence of an impairment for purposes of the Fair
79Housing Act; amending ss. 760.23, 760.24, and 760.25,
80F.S.; substituting the term "disability" for the term
81"handicap"; revising a cross-reference; amending s.
82760.29, F.S.; revising cross-references; revising
83procedures and fees for facilities or communities claiming
84exemption from specified provisions as housing for older
85persons; providing additional grounds for imposing an
86administrative fine; substituting the term "disability"
87for the term "handicap"; amending s. 760.30, F.S.;
88revising cross-references; amending s. 760.31, F.S.;
89revising cross-references; substituting the term
90"disability" for the term "handicap"; amending s. 760.32,
91F.S.; permitting the commission to use in its proceedings
92any method of discovery authorized by the Florida Rules of
93Civil Procedure; amending s. 760.34, F.S.; revising cross-
94references; substituting the term "response" for the term
95"answer"; providing for actions for temporary or
96preliminary relief in certain circumstances; providing
97that, if the commission determines that there is not
98reasonable cause to believe that a discriminatory housing
99practice has occurred, the commission shall dismiss the
100complaint; providing for administrative hearings following
101such a determination; amending s. 760.35, F.S.; providing
102that the statute of limitations for certain actions is
103tolled during the pendency of certain administrative
104proceedings; revising cross-references; amending ss.
105760.36 and 760.37, F.S.; revising cross-references;
106creating s. 760.38, F.S.; providing for recovery of
107expenditures for state-funded products or services
108provided by the commission under the Fair Housing Act;
109creating s. 760.39, F.S.; providing fees for products or
110services provided under the Fair Housing Act; authorizing
111the provision of information in electronic format;
112providing for disposition of fees; creating s. 760.401,
113F.S.; providing for mediation, arbitration, and
114conciliation services under the Fair Housing Act;
115specifying conditions for immunity from liability for
116persons providing such services; creating s. 760.41, F.S.;
117providing for computation of time under the Fair Housing
118Act; amending s. 760.50, F.S.; revising a reference to
119handicapped persons; amending s. 760.60, F.S.;
120substituting the terms "sex" and "disability" for the
121terms "gender" and "handicap," respectively; providing an
122effective date.
123
124Be It Enacted by the Legislature of the State of Florida:
125
126     Section 1.  Subsection (4) of section 110.112, Florida
127Statutes, is amended to read:
128     110.112  Affirmative action; equal employment
129opportunity.--
130     (4)  The state, its agencies and officers shall ensure
131freedom from discrimination in employment as provided by the
132Florida Civil Rights Act of 1992, by s. 112.044, and by this
133chapter.
134     Section 2.  Paragraph (d) of subsection (1) of section
135419.001, Florida Statutes, is amended to read:
136     419.001  Site selection of community residential homes.--
137     (1)  For the purposes of this section, the following
138definitions shall apply:
139     (d)  "Resident" means any of the following: a frail elder
140as defined in s. 429.65; a physically disabled or handicapped
141person as defined in s. 760.22(7)(a); a developmentally disabled
142person as defined in s. 393.063; a nondangerous mentally ill
143person as defined in s. 394.455(18); or a child who is found to
144be dependent as defined in s. 39.01 or s. 984.03;, or a child in
145need of services as defined in s. 984.03 or s. 985.03.
146     Section 3.  Paragraph (c) of subsection (4) of section
147420.9075, Florida Statutes, is amended to read:
148     420.9075  Local housing assistance plans; partnerships.--
149     (4)  Each local housing assistance plan is governed by the
150following criteria and administrative procedures:
151     (c)  In accordance with the provisions of ss. 760.20-760.41
152760.20-760.37, it is unlawful to discriminate on the basis of
153race, creed, religion, color, age, sex, marital status, familial
154status, national origin, or handicap in the award application
155process for eligible housing.
156     Section 4.  Section 760.01, Florida Statutes, is amended to
157read:
158     760.01  Purposes; construction; title.--
159     (1)  Sections 760.01-760.15 760.01-760.11 and 509.092 shall
160be cited as the "Florida Civil Rights Act of 1992."
161     (2)  The general purposes of the Florida Civil Rights Act
162of 1992 are to secure for all individuals within the state
163freedom from discrimination because of race, color, religion,
164sex, national origin, age, disability handicap, or marital
165status and thereby to protect their interest in personal
166dignity, to make available to the state their full productive
167capacities, to secure the state against domestic strife and
168unrest, to preserve the public safety, health, and general
169welfare, and to promote the interests, rights, and privileges of
170individuals within the state.
171     (3)  The Florida Civil Rights Act of 1992 shall be
172construed according to the fair import of its terms and shall be
173liberally construed to further the general purposes stated in
174this section and the special purposes of the particular
175provision involved.
176     Section 5.  Section 760.02, Florida Statutes, is amended to
177read:
178     760.02  Definitions.--For the purposes of ss. 760.01-760.15
179760.01-760.11 and 509.092, the term:
180     (1)(10)  "Aggrieved person" means any person who files a
181complaint with the Human Relations Commission.
182     (2)  "Commission" means the Florida Commission on Human
183Relations created by s. 760.03.
184     (3)  "Commissioner" or "member" means a member of the
185commission.
186     (4)  "Disability," with respect to an individual, means:
187     (a)  A physical or mental impairment that substantially
188limits one or more of the major life activities of the
189individual;
190     (b)  A record of such impairment;
191     (c)  Being regarded as having such an impairment; or
192     (d)  Having a developmental disability as defined in s.
193393.063.
194     (5)(4)  "Discriminatory practice" means any practice made
195unlawful by the Florida Civil Rights Act of 1992.
196     (6)(7)  "Employer" means any person employing 15 or more
197employees for each working day in each of 20 or more calendar
198weeks in the current or preceding calendar year, and any agent
199of such a person.
200     (7)(8)  "Employment agency" means any person regularly
201undertaking, with or without compensation, to procure employees
202for an employer or to procure for employees opportunities to
203work for an employer, and includes an agent of such a person.
204     (8)(1)  "Florida Civil Rights Act of 1992" means ss.
205760.01-760.15 760.01-760.11 and 509.092.
206     (9)  "Labor organization" means any organization which
207exists for the purpose, in whole or in part, of collective
208bargaining or of dealing with employers concerning grievances,
209terms or conditions of employment, or other mutual aid or
210protection in connection with employment.
211     (10)  "Major life activities" includes, but is not limited
212to:
213     (a)  Caring for one's self, performing manual tasks, and
214functioning in a workplace environment.
215     (b)  Major bodily functions, including, but not limited to,
216visual, auditory, aural, and cognitive functions; functions of
217the immune, digestive, neurological, respiratory, circulatory,
218endocrine, and reproductive systems; normal cell growth; and
219functions of the bowel, bladder, and brain.
220     (11)(5)  "National origin" includes ancestry.
221     (12)(6)  "Person" includes an individual, association,
222corporation, joint apprenticeship committee, joint-stock
223company, labor union, legal representative, mutual company,
224partnership, receiver, trust, trustee in bankruptcy, or
225unincorporated organization; any other legal or commercial
226entity; the state; or any governmental entity or agency.
227     (13)(11)  "Public accommodations" means places of public
228accommodation, lodgings, facilities principally engaged in
229selling food for consumption on the premises, gasoline stations,
230places of exhibition or entertainment, and other covered
231establishments. Each of the following establishments which
232serves the public is a place of public accommodation within the
233meaning of this section:
234     (a)  Any inn, hotel, motel, or other establishment which
235provides lodging to transient guests, other than an
236establishment located within a building which contains not more
237than four rooms for rent or hire and which is actually occupied
238by the proprietor of such establishment as his or her residence.
239     (b)  Any restaurant, cafeteria, lunchroom, lunch counter,
240soda fountain, or other facility principally engaged in selling
241food for consumption on the premises, including, but not limited
242to, any such facility located on the premises of any retail
243establishment, or any gasoline station.
244     (c)  Any motion picture theater, theater, concert hall,
245sports arena, stadium, or other place of exhibition or
246entertainment.
247     (d)  Any establishment which is physically located within
248the premises of any establishment otherwise covered by this
249subsection, or within the premises of which is physically
250located any such covered establishment, and which holds itself
251out as serving patrons of such covered establishment.
252     (14)  "Substantially limits" means to materially restrict
253an individual's ability.
254     (15)  "Transitory or minor impairment" means any impairment
255having an actual, apparent, or expected duration of 6 months or
256less.
257     Section 6.  Section 760.0201, Florida Statutes, is created
258to read:
259     760.0201  Impairment.--For purposes of the Florida Civil
260Rights Act, an individual who has been subjected to an action
261prohibited under the act because of an actual or perceived
262physical or mental impairment, regardless of whether the
263impairment limits or is perceived to limit a major life
264activity, has an impairment. An impairment that limits a single
265major life activity may be considered a disability; however, a
266transitory or minor impairment may not be considered a
267disability. An impairment that is episodic or in remission is
268considered a disability if it substantially limits a major life
269activity when the impairment is active or not in remission. The
270determination of whether an impairment substantially limits a
271major life activity must be made without regard to the
272ameliorative effects of mitigating measures, such as medication;
273medical supplies; equipment or appliances; low-vision devices,
274not including ordinary eyeglasses or contact lenses;
275prosthetics, including artificial limbs and devices, hearing
276aids, cochlear implants or other implantable hearing devices,
277and mobility devices; oxygen-therapy equipment and supplies; use
278of assistive technology; reasonable accommodations or auxiliary
279aids or services, including qualified interpreters or other
280effective measures of making aurally delivered materials
281available to individuals with hearing impairments; qualified
282readers; taped texts or other effective methods of making
283visually delivered materials available to individuals with
284visual impairments; acquisition or modification of equipment and
285devices and other similar services and actions; or learned
286behavioral or adaptive neurological modifications.
287     Section 7.  Subsection (5) of section 760.03, Florida
288Statutes, is amended to read:
289     760.03  Commission on Human Relations; staff.--
290     (5)  Seven members shall constitute a quorum for the
291conduct of business; however, the commission may establish
292panels of not less than three of its members to exercise its
293powers under the Florida Civil Rights Act of 1992, subject to
294such procedures and limitations as the commission may provide by
295rule.
296     Section 8.  Section 760.04, Florida Statutes, is amended to
297read:
298     760.04  Commission on Human Relations, assigned to
299Department of Management Services.--The commission created by s.
300760.03 is assigned to the Department of Management Services. The
301commission, in the performance of its duties pursuant to the
302Florida Civil Rights Act of 1992, shall not be subject to
303control, supervision, or direction by the Department of
304Management Services.
305     Section 9.  Section 760.05, Florida Statutes, is amended to
306read:
307     760.05  Functions of the commission.--The commission shall
308promote and encourage fair treatment and equal opportunity for
309all persons regardless of race, color, religion, sex, national
310origin, age, disability handicap, or marital status and mutual
311understanding and respect among all members of all economic,
312social, racial, religious, and ethnic groups; and shall endeavor
313to eliminate discrimination against, and antagonism between,
314religious, racial, and ethnic groups and their members.
315     Section 10.  Section 760.055, Florida Statutes, is created
316to read:
317     760.055  Administration of the Florida Civil Rights
318Act.--The authority and responsibility for administering the
319Florida Civil Rights Act shall be with the commission. The
320commission may delegate any of its functions, duties, and powers
321to its employees, including functions, duties, and powers with
322respect to investigating, conciliating, hearing, determining,
323ordering, certifying, reporting, or otherwise acting as to any
324work, business, or matter under the Florida Civil Rights Act.
325     Section 11.  Subsections (5), (6), (8), (9), (10), (11),
326and (12) of section 760.06, Florida Statutes, are amended, and
327subsection (14) is added to that section, to read:
328     760.06  Powers of the commission.--Within the limitations
329provided by law, the commission shall have the following powers:
330     (5)  To receive, initiate, investigate, seek to conciliate,
331hold hearings on, and act upon complaints alleging any
332discriminatory practice, as defined by the Florida Civil Rights
333Act of 1992.
334     (6)  To issue subpoenas for, administer oaths or
335affirmations to, and compel the attendance and testimony of
336witnesses; or to issue subpoenas for and compel the production
337of books, papers, records, documents, and other evidence
338pertaining to any investigation or hearing convened pursuant to
339the powers of the commission; or to use any other method of
340discovery authorized by the Florida Rules of Civil Procedure. In
341conducting an investigation, the commission and its
342investigators shall have access at all reasonable times to
343premises, records, documents, and other evidence or possible
344sources of evidence and may examine, record, and copy such
345materials and take and record the testimony or statements of
346such persons as are reasonably necessary for the furtherance of
347the investigation. The authority to issue subpoenas and
348administer oaths may be delegated by the commission, for
349investigations or hearings, to a commissioner or the executive
350director. In the case of a refusal to obey a subpoena or other
351method of discovery authorized by the Florida Rules of Civil
352Procedure issued to any person, the commission may make
353application to any circuit court of this state, which shall have
354jurisdiction to order the witness to appear before the
355commission to give testimony and to produce evidence concerning
356the matter in question. Failure to obey the court's order may be
357punished by the court as contempt. If the court enters an order
358holding a person in contempt or compelling the person to comply
359with the commission's order or subpoena, the court shall order
360the person to pay the commission reasonable expenses, including
361reasonable attorneys' fees, accrued by the commission in
362obtaining the order from the court.
363     (8)  To furnish technical assistance to employees,
364employers, community leaders, educational institutions,
365individuals, and other private and public entities requested by
366persons to facilitate progress in human relations.
367     (9)  To make or arrange for studies appropriate to
368effectuate the purposes and policies of the Florida Civil Rights
369Act of 1992 and to make the results thereof available to the
370public.
371     (10)  To become a deferral agency for the Federal
372Government and to comply with the necessary federal regulations
373to effect the Florida Civil Rights Act of 1992.
374     (11)  To render, at least annually, a comprehensive written
375report to the Governor and the Legislature. The report may
376contain recommendations of the commission for legislation or
377other action to effectuate the purposes and policies of the
378Florida Civil Rights Act of 1992.
379     (12)  To adopt, promulgate, amend, and rescind rules to
380effectuate the purposes and policies of the Florida Civil Rights
381Act of 1992 and govern the proceedings of the commission, in
382accordance with chapter 120.
383     (14)  To charge reasonable fees and assess costs incurred
384by the commission for products or services provided.
385     Section 12.  Section 760.07, Florida Statutes, is amended
386to read:
387     760.07  Remedies for unlawful discrimination.--Any
388violation of any Florida statute making unlawful discrimination
389because of race, color, religion, sex gender, national origin,
390age, disability handicap, or marital status in the areas of
391education, employment, housing, or public accommodations gives
392rise to a cause of action for all relief and damages described
393in s. 760.11(6)(5), unless greater damages are expressly
394provided for. If the statute prohibiting unlawful discrimination
395provides an administrative remedy, the action for equitable
396relief and damages provided for in this section may be initiated
397only after the plaintiff has exhausted his or her administrative
398remedy. The term "public accommodations" does not include lodge
399halls or other similar facilities of private organizations which
400are made available for public use occasionally or periodically.
401The right to trial by jury is preserved in any case in which the
402plaintiff is seeking actual or punitive damages.
403     Section 13.  Section 760.08, Florida Statutes, is amended
404to read:
405     760.08  Discrimination in places of public
406accommodation.--All persons shall be entitled to the full and
407equal enjoyment of the goods, services, facilities, privileges,
408advantages, and accommodations of any place of public
409accommodation, as defined in this chapter, without
410discrimination or segregation on the ground of race, color,
411national origin, sex, disability handicap, familial status, or
412religion.
413     Section 14.  Subsections (1) through (6) and paragraph (a)
414of subsection (8) of section 760.10, Florida Statutes, are
415amended, present subsections (9) and (10) of that section are
416renumbered as subsections (11) and (12), respectively, and new
417subsections (9) and (10) are added to that section, to read:
418     760.10  Unlawful employment practices.--
419     (1)  It is an unlawful employment practice for an employer:
420     (a)  To discharge or to fail or refuse to hire any
421individual, or otherwise to discriminate against any individual
422with respect to compensation, terms, conditions, or privileges
423of employment, because of such individual's race, color,
424religion, sex, national origin, age, disability handicap, or
425marital status.
426     1.  For the purposes of this paragraph, an unlawful
427employment practice occurs with respect to compensation
428discrimination in violation of this paragraph when a
429discriminatory compensation decision or other practice is
430adopted, when an individual becomes subject to a discriminatory
431compensation decision or other practice, or when an individual
432is affected by application of a discriminatory compensation
433decision or other practice, including each time wages, benefits,
434or other compensation are paid, resulting in whole or in part
435from such a decision or other practice.
436     2.  In addition to any relief authorized by s. 760.11,
437liability under this paragraph may accrue and an aggrieved
438person may obtain relief as provided in s. 760.11, including
439recovery of back pay for up to 2 years preceding the filing of
440the charge, if the unlawful employment practice that occurred
441during the time for filing a charge is similar or related to an
442unlawful employment practice with regard to discrimination in
443compensation that occurred outside the time for filing a charge.
444     (b)  To limit, segregate, or classify employees or
445applicants for employment in any way which would deprive or tend
446to deprive any individual of employment opportunities, or
447adversely affect any individual's status as an employee, because
448of such individual's race, color, religion, sex, national
449origin, age, disability handicap, or marital status.
450     (2)  It is an unlawful employment practice for an
451employment agency to fail or refuse to refer for employment, or
452otherwise to discriminate against, any individual because of
453race, color, religion, sex, national origin, age, disability
454handicap, or marital status or to classify or refer for
455employment any individual on the basis of race, color, religion,
456sex, national origin, age, disability handicap, or marital
457status.
458     (3)  It is an unlawful employment practice for a labor
459organization:
460     (a)  To exclude or to expel from its membership, or
461otherwise to discriminate against, any individual because of
462race, color, religion, sex, national origin, age, disability
463handicap, or marital status.
464     (b)  To limit, segregate, or classify its membership or
465applicants for membership, or to classify or fail or refuse to
466refer for employment any individual, in any way which would
467deprive or tend to deprive any individual of employment
468opportunities, or adversely affect any individual's status as an
469employee or as an applicant for employment, because of such
470individual's race, color, religion, sex, national origin, age,
471disability handicap, or marital status.
472     (c)  To cause or attempt to cause an employer to
473discriminate against an individual in violation of this section.
474     (4)  It is an unlawful employment practice for any
475employer, labor organization, or joint labor-management
476committee controlling apprenticeship or other training or
477retraining, including on-the-job training programs, to
478discriminate against any individual because of race, color,
479religion, sex, national origin, age, disability handicap, or
480marital status in admission to, or employment in, any program
481established to provide apprenticeship or other training.
482     (5)  Whenever, in order to engage in a profession,
483occupation, or trade, it is required that a person receive a
484license, certification, or other credential, become a member or
485an associate of any club, association, or other organization, or
486pass any examination, it is an unlawful employment practice for
487any person to discriminate against any other person seeking such
488license, certification, or other credential, seeking to become a
489member or associate of such club, association, or other
490organization, or seeking to take or pass such examination,
491because of such other person's race, color, religion, sex,
492national origin, age, disability handicap, or marital status.
493     (6)  It is an unlawful employment practice for an employer,
494labor organization, employment agency, or joint labor-management
495committee to print, or cause to be printed or published, any
496notice or advertisement relating to employment, membership,
497classification, referral for employment, or apprenticeship or
498other training, indicating any preference, limitation,
499specification, or discrimination, based on race, color,
500religion, sex, national origin, age, absence of disability
501handicap, or marital status.
502     (8)  Notwithstanding any other provision of this section,
503it is not an unlawful employment practice under ss. 760.01-
504760.10 for an employer, employment agency, labor organization,
505or joint labor-management committee to:
506     (a)  Take or fail to take any action on the basis of
507religion, sex, national origin, age, disability handicap, or
508marital status in those certain instances in which religion,
509sex, national origin, age, absence of a particular disability
510handicap, or marital status is a bona fide occupational
511qualification reasonably necessary for the performance of the
512particular employment to which such action or inaction is
513related.
514     (9)  Except as otherwise provided in this section, an
515unlawful employment practice is established when the complaining
516party demonstrates that race, color, religion, sex, age,
517disability, marital status, or national origin is a motivating
518factor for any unlawful employment practice, including any
519adverse personnel action, even though other factors may have
520also contributed to or motivated the practice.
521     (10)  The protections of this section extend to women who
522are pregnant or who have any medical condition related to
523pregnancy or childbirth. Women affected by pregnancy,
524childbirth, or any medical condition related to pregnancy or
525childbirth must be treated the same for employment-related
526purposes as all other persons having similar abilities.
527     Section 15.  Subsections (1), (3), (4), (6), (7), (8), and
528(13) of section 760.11, Florida Statutes, are amended, present
529subsections (4) through (15) of that section are renumbered as
530subsections (5) through (16), respectively, and a new subsection
531(4) is added to that section, to read:
532     760.11  Administrative and civil remedies; construction.--
533     (1)  Any person aggrieved by a violation of ss. 760.01-
534760.10 may file a complaint with the commission within 365 days
535of the alleged violation, naming the employer, employment
536agency, labor organization, or joint labor-management committee,
537or, in the case of an alleged violation of s. 760.10(5), the
538person responsible for the violation and describing the
539violation. Any person aggrieved by a violation of s. 509.092 may
540file a complaint with the commission within 365 days of the
541alleged violation naming the person responsible for the
542violation and describing the violation. The commission, a
543commissioner, or the Attorney General may in like manner file
544such a complaint. On the same day the complaint is filed with
545the commission, the commission shall clearly stamp on the face
546of the complaint the date the complaint was filed with the
547commission. In lieu of filing the complaint with the commission,
548a complaint under this section may be filed with the federal
549Equal Employment Opportunity Commission or with any unit of
550government of the state which is a fair-employment-practice
551agency under 29 C.F.R. ss. 1601.70-1601.80. If the date the
552complaint is filed is clearly stamped on the face of the
553complaint, that date is the date of filing. The date the
554complaint is filed with the commission for purposes of this
555section is the earliest date of filing with the Equal Employment
556Opportunity Commission, the fair-employment-practice agency, or
557the commission. The complaint shall contain a short and plain
558statement of the facts describing the violation and the relief
559sought. The commission may require additional information to be
560in the complaint. The commission, within 5 days of the complaint
561being filed, shall provide by registered mail send a copy of the
562complaint to the person who allegedly committed the violation.
563The person who allegedly committed the violation must respond in
564writing to the commission and send a copy of his or her response
565to the aggrieved person may file an answer to the complaint
566within 25 days of the date the commission mailed the complaint
567to the respondent was filed with the commission. Any answer
568filed shall be mailed to the aggrieved person by the person
569filing the answer. Both the complaint and the response answer
570must shall be verified.
571     (3)  Except as provided in subsection (2), the commission
572shall investigate the allegations in the complaint. Within 180
573days of the filing of the complaint, the commission shall
574determine if there is reasonable cause to believe that
575discriminatory practice has occurred in violation of the Florida
576Civil Rights Act of 1992. When the commission determines whether
577or not there is reasonable cause, the commission by registered
578mail shall promptly notify the aggrieved person and the
579respondent of the reasonable cause determination, the date of
580such determination, and the options available under this
581section.
582     (4)(a)  Whenever a charge is filed with the commission and
583the commission concludes on the basis of a preliminary
584investigation that prompt judicial action is necessary to carry
585out the purposes of the Florida Civil Rights Act, the commission
586may bring an action for appropriate temporary or preliminary
587relief pending final disposition of such charge. Any temporary
588restraining order or other order granting preliminary or
589temporary relief shall be issued in accordance with the
590applicable Florida Rules of Civil Procedure.
591     (b)  If the court finds that the respondent has
592intentionally engaged in or is intentionally engaging in an
593unlawful employment practice charged in the complaint, the court
594may enjoin the respondent from engaging in such unlawful
595employment practice and order such affirmative relief as may be
596appropriate. Such affirmative relief may include, but is not
597limited to, reinstatement or hiring of employees, with or
598without back pay, or any other equitable relief as the court
599deems appropriate. Back pay may be payable by the employer,
600employment agency, or labor organization responsible for the
601unlawful employment practice, and liability for back pay may not
602accrue from a date more than 2 years prior to the filing of a
603charge with the commission. Interim earnings or amounts earnable
604with reasonable diligence by the person or persons discriminated
605against shall operate to reduce the back pay otherwise
606allowable.
607     (c)  No order of the court may require the admission or
608reinstatement of an individual as a member of a union, or the
609hiring, reinstatement, or promotion of an individual as an
610employee, or the payment to an individual of any back pay, if
611such individual was refused admission, suspended, or expelled,
612or was refused employment or advancement or was suspended or
613discharged for any reason other than discrimination on account
614of race, color, religion, sex, national origin, disability, or
615marital status.
616     (5)(4)  In the event that the commission determines that
617there is reasonable cause to believe that a discriminatory
618practice has occurred in violation of the Florida Civil Rights
619Act of 1992, the aggrieved person may either:
620     (a)  Bring a civil action against the person named in the
621complaint in any court of competent jurisdiction; or
622     (b)  Request an administrative hearing under ss. 120.569
623and 120.57.
624
625The election by the aggrieved person of filing a civil action or
626requesting an administrative hearing under this subsection is
627the exclusive procedure available to the aggrieved person
628pursuant to this act. The executive director may, on his or her
629own initiative, reconsider his or her final determination of
630reasonable cause. If the executive director decides to
631reconsider a cause determination, a notice of intent to
632reconsider shall be promptly issued within a reasonable time to
633all parties.
634     (7)(6)  Any administrative hearing brought pursuant to
635paragraph (5)(4)(b) shall be conducted under ss. 120.569 and
636120.57. The commission may hear the case provided that the final
637order is issued by members of the commission who did not conduct
638the hearing or the commission may request that it be heard by an
639administrative law judge pursuant to s. 120.569(2)(a). If the
640commission elects to hear the case, it may be heard by a
641commissioner. If the commissioner, after the hearing, finds that
642a violation of the Florida Civil Rights Act of 1992 has
643occurred, the commissioner shall issue an appropriate proposed
644order in accordance with chapter 120 prohibiting the practice
645and providing affirmative relief from the effects of the
646practice, including back pay. If the administrative law judge,
647after the hearing, finds that a violation of the Florida Civil
648Rights Act of 1992 has occurred, the administrative law judge
649shall issue an appropriate recommended order in accordance with
650chapter 120 prohibiting the practice and providing affirmative
651relief from the effects of the practice, including back pay.
652Within 90 days of the date the recommended or proposed order is
653rendered, the commission shall issue a final order by adopting,
654rejecting, or modifying the recommended order as provided under
655ss. 120.569 and 120.57. The 90-day period may be extended with
656the consent of all the parties. An administrative hearing
657pursuant to paragraph (5)(4)(b) must be requested no later than
65835 days after the date of determination of reasonable cause by
659the commission. In any action or proceeding under this
660subsection, the commission, in its discretion, may allow the
661prevailing party a reasonable attorney's fee as part of the
662costs. It is the intent of the Legislature that this provision
663for attorney's fees be interpreted in a manner consistent with
664federal case law involving a Title VII action.
665     (8)(7)  If the commission determines that there is not
666reasonable cause to believe that a violation of the Florida
667Civil Rights Act of 1992 has occurred, the commission shall
668dismiss the complaint. The aggrieved person may request an
669administrative hearing under ss. 120.569 and 120.57, but any
670such request must be made within 35 days of the date of
671determination of reasonable cause and any such hearing shall be
672heard by an administrative law judge and not by the commission
673or a commissioner. If the aggrieved person does not request an
674administrative hearing within the 35 days, the claim will be
675barred. If the administrative law judge finds that a violation
676of the Florida Civil Rights Act of 1992 has occurred, he or she
677shall issue an appropriate recommended order to the commission
678prohibiting the practice and recommending affirmative relief
679from the effects of the practice, including back pay. Within 90
680days of the date the recommended order is rendered, the
681commission shall issue a final order by adopting, rejecting, or
682modifying the recommended order as provided under ss. 120.569
683and 120.57. The 90-day period may be extended with the consent
684of all the parties. In any action or proceeding under this
685subsection, the commission, in its discretion, may allow the
686prevailing party a reasonable attorney's fee as part of the
687costs. It is the intent of the Legislature that this provision
688for attorney's fees be interpreted in a manner consistent with
689federal case law involving a Title VII action. In the event the
690final order issued by the commission determines that a violation
691of the Florida Civil Rights Act of 1992 has occurred, the
692aggrieved person may bring, within 1 year of the date of the
693final order, a civil action under subsection (6) (5) as if there
694has been a reasonable cause determination or accept the
695affirmative relief offered by the commission, but not both. The
696executive director may, on his or her own initiative, reconsider
697his or her final determination that there is not reasonable
698cause. If the executive director decides to reconsider a
699determination that there is not reasonable cause, a notice of
700intent to reconsider shall be promptly issued within a
701reasonable time to all parties.
702     (9)(8)  If In the event that the commission fails to
703conciliate or determine whether there is reasonable cause on any
704complaint under this section within 180 days of the filing of
705the complaint, an aggrieved person may proceed under subsection
706(5) (4), as if the commission determined that there was
707reasonable cause, except that any civil action filed under this
708section shall commence no later than 4 years after the date the
709cause of action accrued.
710     (14)(13)  Final orders of the commission are subject to
711judicial review pursuant to s. 120.68. The commission's
712determination of reasonable cause is not final agency action
713that is subject to judicial review. Unless specifically ordered
714by the court, the commencement of an appeal does not suspend or
715stay the order of the commission, except as provided in the
716Rules of Appellate Procedure. In any action or proceeding under
717this subsection, the court, in its discretion, may allow the
718prevailing party a reasonable attorney's fee as part of the
719cost. It is the intent of the Legislature that this provision
720for attorney's fees be interpreted in a manner consistent with
721federal case law involving a Title VII action. In the event the
722order of the court determines that a violation of the Florida
723Civil Rights Act of 1992 has occurred, the court shall remand
724the matter to the commission for appropriate relief. The
725aggrieved party has the option to accept the relief offered by
726the commission or may bring, within 1 year of the date of the
727court order, a civil action under subsection (6) (5) as if there
728has been a reasonable cause determination.
729     Section 16.  Section 760.12, Florida Statutes, is created
730to read:
731     760.12  Recovery of expenditures for state-funded products
732or services provided by the commission.--
733     (1)  The commission may recover expenditures for any state-
734funded products or services provided to any person seeking
735administrative or judicial relief under the Florida Civil Rights
736Act who has the present ability to pay. The rate of compensation
737for such products or services shall include the actual cost,
738including cost of recovery, of court reporter services and
739transcriptions, court interpreter services and translation, and
740any other product or service for which state funds were incurred
741by the commission as a result of persons seeking administrative
742or judicial relief.
743     (2)  Funds received by the commission pursuant to this
744section shall be deposited into the commission's trust fund to
745assist the commission in defraying some of the costs associated
746with parties seeking administrative or judicial relief.
747     Section 17.  Section 760.13, Florida Statutes, is created
748to read:
749     760.13  Fees for products or services provided.--
750     (1)  The commission may charge fees for products or
751services provided in the performance of its duties pursuant to
752the Florida Civil Rights Act in amounts not to exceed:
753     (a)  For examining, comparing, correcting, verifying, and
754certifying transcripts of record in appellate proceedings,
755prepared by an attorney for the appellant or anyone other than
756the clerk of the commission, per page...$5.00.
757     (b)  For preparing, numbering, and indexing an original
758record of appellate proceedings, per instrument...$3.50.
759     (c)  For certifying copies of any instrument...$2.00.
760     (d)  For verifying any instrument presented for
761certification prepared by anyone other than the clerk of the
762commission, per page...$3.50.
763     (e)  For writing or copying, including signing and sealing,
764any paper not otherwise mentioned in this subsection...$7.00.
765     (f)  For indexing each entry not recorded ...$1.00.
766     (2)  The clerk of the commission may provide the requested
767information or record in an electronic format in lieu of a hard
768copy when ready accessibility by the requesting entity is
769available.
770     (3)  Any funds received by the commission pursuant to this
771section shall be deposited into the commission's trust fund.
772     Section 18.  Section 760.14, Florida Statutes, is created
773to read:
774     760.14  Mediation, arbitration, and conciliation services;
775fees to be charged; immunity from liability for mediators.--
776     (1)  Mediation, arbitration, and conciliation services
777shall be available to and accessible by all parties to any
778discrimination complaint filed with the commission pursuant to
779the Florida Civil Rights Act, regardless of financial status.
780     (2)  A fee of $120 per person per scheduled mediation,
781arbitration, or conciliation session conducted pursuant to the
782Florida Civil Rights Act shall be divided equally among the
783parties and collected by the clerk of the commission. Such fee
784shall be waived for any party that is found to be indigent
785pursuant to s. 57.081. Such fee shall be deposited into the
786commission's trust fund.
787     (3)(a)  A person performing services specified in
788subsection (1) in any action pursuant to the Florida Civil
789Rights Act shall have immunity from liability arising from the
790performance of his or her duties while acting within the scope
791of that function if the services are:
792     1.  Required by statute or agency rule or order;
793     2.  Conducted by express agreement of the parties; or
794     3.  Facilitated by a mediator certified by the Supreme
795Court.
796     (b)  A person performing services specified in subsection
797(1) does not have immunity under this subsection if he or she
798acts in bad faith, with malicious purpose, or in a manner
799exhibiting wanton and willful disregard of human rights, safety,
800or property.
801     Section 19.  Section 760.15, Florida Statutes, is created
802to read:
803     760.15  Computation of time.--In computing any period of
804time under the Florida Civil Rights Act, the day of the act,
805event, or default from which the designated period of time
806begins to run shall not be included. The last day of the period
807so computed shall be included unless it is a Saturday, Sunday,
808or legal state holiday, in which event the period shall run
809until the end of the next day which is not a Saturday, Sunday,
810or legal state holiday. If the period of time prescribed or
811allowed is less than 7 days, intermediate Saturdays, Sundays,
812and legal state holidays shall be excluded in the computation.
813     Section 20.  Section 760.16, Florida Statutes, is created
814to read:
815     760.16  Florida Commission on Human Relations; direct-
816support organization.--
817     (1)  DIRECT-SUPPORT ORGANIZATION ESTABLISHED.--The Florida
818Commission on Human Relations may establish a direct-support
819organization to provide assistance, funding, and support for the
820commission in carrying out its mission. This section governs the
821creation, use, powers, and duties of the direct-support
822organization.
823     (2)  DEFINITIONS.--As used in this section, the term:
824     (a)  "Commission" means the Florida Commission on Human
825Relations as created in s. 760.03.
826     (b)  "Direct-support organization" means an organization
827that is:
828     1.  A Florida corporation, not for profit, incorporated
829under the provisions of chapter 617 and approved by the
830Department of State. The direct-support organization shall be
831exempt from paying fees under s. 617.0122.
832     2.  Organized and operated exclusively to obtain funds;
833request and receive grants, gifts, and bequests of moneys;
834acquire, receive, hold, invest, and administer, in its own name,
835securities, funds, or property; and make expenditures to or for
836the direct or indirect benefit of the commission in its efforts
837to:
838     a.  Promote and encourage fair treatment and equal
839opportunity for all persons regardless of race, color, religion,
840sex, national origin, age, disability, or marital or familial
841status;
842     b.  Encourage mutual understanding and respect among all
843members of all economic, social, racial, religious, and ethnic
844groups; and
845     c.  Endeavor to eliminate discrimination against, and
846antagonism between, religious, racial, and ethnic groups and
847their members.
848     3.  Authorized to receive federal subsidies, endowments,
849grants, and aid, but not authorized to receive any donation from
850any private or public entity, or any individual connected with
851such an entity, over which the commission has regulatory
852authority pursuant to this chapter.
853     4.  Determined by the commission to be operating in a
854manner consistent with the goals and purposes of the commission
855and in the best interest of the state.
856     (c)  "Personnel services" includes full-time or part-time
857personnel.
858     (3)  BOARD OF DIRECTORS.--The direct-support organization
859shall be governed by a board of directors.
860     (a)  The board of directors shall consist of no fewer than
861three members and no more than five members appointed by the
862executive director of the commission.
863     (b)  The term of office of a board member is 3 years,
864except that the terms of the initial appointees are for 1 year,
8652 years, or 3 years in order to achieve staggered terms. A
866member may be reappointed when his or her term expires. The
867executive director of the commission, or his or her designee,
868shall serve as an ex officio member of the board of directors.
869     (c)  Members must be residents of this state and
870knowledgeable about human and civil rights. The executive
871director of the commission may remove any member of the board
872for cause, with the approval of a majority of the members of the
873board of directors. The executive director of the commission
874shall appoint a member to fill any vacancy on the board of
875directors for the remainder of that term.
876     (4)  CONTRACT.--The direct-support organization shall
877operate under a written contract with the commission. The
878written contract must provide for:
879     (a)  Submission of an annual budget for approval by the
880executive director of the commission.
881     (b)  Certification by the commission that the direct-
882support organization is complying with the terms of the contract
883and is doing so consistent with the goals and purposes of the
884commission and in the best interests of the state. This
885certification must be made annually and reported in the official
886minutes of a meeting of the direct-support organization.
887     (c)  The reversion of moneys and property held by the
888direct-support organization:
889     1.  To the commission if the direct-support organization is
890no longer approved to operate for the commission;
891     2.  To the commission if the direct-support organization
892ceases to exist; or
893     3.  To the state if the commission ceases to exist.
894     (d)  The disclosure of the material provisions of the
895contract and the distinction between the commission and the
896direct-support organization to donors of gifts, contributions,
897or bequests. Such disclosure must be included on all promotional
898and fundraising publications.
899     (5)  USE OF PROPERTY AND SERVICES.--
900     (a)  The commission may permit the use of property,
901facilities, and personnel services of the commission by the
902direct-support organization, subject to this section.
903     (b)  The commission may prescribe, by contract, any
904condition with which the direct-support organization must comply
905in order to use property, facilities, or personnel services of
906the commission.
907     (c)  The commission may not permit the use of its property,
908facilities, or personnel services by any direct-support
909organization organized under this section which does not provide
910equal employment opportunities to all persons regardless of
911race, color, national origin, sex, age, religion, disability, or
912familial or marital status.
913     (6)  ACTIVITIES; RESTRICTIONS.--Any transaction or
914agreement between the direct-support organization organized
915under this section and another direct-support organization or
916other entity must be approved by the executive director of the
917commission.
918     (7)  ANNUAL BUDGETS AND REPORTS.--
919     (a)  The fiscal year of the direct-support organization
920begins on July 1 of each year and ends on June 30 of the
921following year.
922     (b)  The direct-support organization shall submit to the
923commission its federal Internal Revenue Service Application for
924Recognition of Exemption form and its federal Internal Revenue
925Service Return of Organization Exempt From Income Tax form.
926     (8)  ANNUAL AUDIT.--The direct-support organization shall
927provide for an annual financial audit in accordance with s.
928215.981.
929     (9)  LIMITS ON DIRECT-SUPPORT ORGANIZATION.--The direct-
930support organization may not exercise any power under s.
931617.0302(12) or (16). A state employee may not receive
932compensation from the direct-support organization for services
933on the board of directors or for services rendered to the
934direct-support organization.
935     (10)  RULEMAKING AUTHORITY.--The commission may adopt rules
936pursuant to ss. 120.536(1) and 120.54 to implement this section.
937     Section 21.  Section 760.20, Florida Statutes, is amended
938to read:
939     760.20  Fair Housing Act; short title.--Sections 760.20-
940760.41 760.20-760.37 may be cited as the "Fair Housing Act."
941     Section 22.  Section 760.22, Florida Statutes, is amended
942to read:
943     760.22  Definitions.--As used in ss. 760.20-760.41 760.20-
944760.37, the term:
945     (1)  "Commission" means the Florida Commission on Human
946Relations.
947     (2)  "Covered multifamily dwelling" means:
948     (a)  A building which consists of four or more units and
949has an elevator; or
950     (b)  The ground floor units of a building which consists of
951four or more units and does not have an elevator.
952     (3)  "Disability" has the same meaning as provided in s.
953760.02.
954     (4)(3)  "Discriminatory housing practice" means an act that
955is unlawful under the terms of ss. 760.20-760.41 760.20-760.37.
956     (5)(4)  "Dwelling" means any building or structure, or
957portion thereof, which is occupied as, or designed or intended
958for occupancy as, a residence by one or more families, and any
959vacant land which is offered for sale or lease for the
960construction or location on the land of any such building or
961structure, or portion thereof.
962     (6)(5)  "Familial status" is established when an individual
963who has not attained the age of 18 years is domiciled with:
964     (a)  A parent or other person having legal custody of such
965individual; or
966     (b)  A designee of a parent or other person having legal
967custody, with the written permission of such parent or other
968person.
969
970The protections afforded against discrimination on the basis of
971familial status shall also apply to any person who is pregnant
972or is in the process of securing legal custody of any individual
973who has not attained the age of 18 years.
974     (7)(6)  "Family" includes a single individual.
975     (7)  "Handicap" means:
976     (a)  A person has a physical or mental impairment which
977substantially limits one or more major life activities, or he or
978she has a record of having, or is regarded as having, such
979physical or mental impairment; or
980     (b)  A person has a developmental disability as defined in
981s. 393.063.
982     (8)  "Major life activities" has the same meaning as
983provided in s. 760.02.
984     (9)(8)  "Person" includes one or more individuals,
985corporations, partnerships, associations, labor organizations,
986legal representatives, mutual companies, joint-stock companies,
987trusts, unincorporated organizations, trustees, trustees in
988bankruptcy, receivers, and fiduciaries.
989     (10)(9)  "Substantially equivalent" means an administrative
990subdivision of the State of Florida meeting the requirements of
99124 C.F.R. part 115, s. 115.6.
992     (11)  "Substantially limits" has the same meaning as
993provided in s. 760.02.
994     (12)(10)  "To rent" includes to lease, to sublease, to let,
995and otherwise to grant for a consideration the right to occupy
996premises not owned by the occupant.
997     (13)  "Transitory or minor impairment" has the same meaning
998as provided in s. 760.02.
999     Section 23.  Section 760.221, Florida Statutes, is created
1000to read:
1001     760.221  Impairment.--For purposes of ss. 760.20-760.41, an
1002individual who has been subjected to an action prohibited under
1003ss. 760.20-760.41 because of an actual or perceived physical or
1004mental impairment, regardless of whether the impairment limits
1005or is perceived to limit a major life activity, has an
1006impairment. An impairment that limits one major life activity
1007may be considered a disability; however, a transitory or minor
1008impairment may not be considered a disability. An impairment
1009that is episodic or in remission is considered a disability if
1010it substantially limits a major life activity when the
1011impairment is active or not in remission. The determination of
1012whether an impairment substantially limits a major life activity
1013must be made without regard to the ameliorative effects of
1014mitigating measures, such as medication; medical supplies;
1015equipment or appliances; low-vision devices, not including
1016ordinary eyeglasses or contact lenses; prosthetics, including
1017artificial limbs and devices, hearing aids, cochlear implants or
1018other implantable hearing devices, and mobility devices; oxygen-
1019therapy equipment and supplies; use of assistive technology;
1020reasonable accommodations or auxiliary aids or services,
1021including qualified interpreters or other effective measures of
1022making aurally delivered materials available to individuals with
1023hearing impairments; qualified readers; taped texts or other
1024effective methods of making visually delivered materials
1025available to individuals with visual impairments; acquisition or
1026modification of equipment and devices and other similar services
1027and actions; or learned behavioral or adaptive neurological
1028modifications.
1029     Section 24.  Section 760.23, Florida Statutes, is amended
1030to read:
1031     760.23  Discrimination in the sale or rental of housing and
1032other prohibited practices.--
1033     (1)  It is unlawful to refuse to sell or rent after the
1034making of a bona fide offer, to refuse to negotiate for the sale
1035or rental of, or otherwise to make unavailable or deny a
1036dwelling to any person because of race, color, national origin,
1037sex, disability handicap, familial status, or religion.
1038     (2)  It is unlawful to discriminate against any person in
1039the terms, conditions, or privileges of sale or rental of a
1040dwelling, or in the provision of services or facilities in
1041connection therewith, because of race, color, national origin,
1042sex, disability handicap, familial status, or religion.
1043     (3)  It is unlawful to make, print, or publish, or cause to
1044be made, printed, or published, any notice, statement, or
1045advertisement with respect to the sale or rental of a dwelling
1046that indicates any preference, limitation, or discrimination
1047based on race, color, national origin, sex, disability handicap,
1048familial status, or religion or an intention to make any such
1049preference, limitation, or discrimination.
1050     (4)  It is unlawful to represent to any person because of
1051race, color, national origin, sex, disability handicap, familial
1052status, or religion that any dwelling is not available for
1053inspection, sale, or rental when such dwelling is in fact so
1054available.
1055     (5)  It is unlawful, for profit, to induce or attempt to
1056induce any person to sell or rent any dwelling by a
1057representation regarding the entry or prospective entry into the
1058neighborhood of a person or persons of a particular race, color,
1059national origin, sex, disability handicap, familial status, or
1060religion.
1061     (6)  The protections afforded under ss. 760.20-760.41
1062760.20-760.37 against discrimination on the basis of familial
1063status apply to any person who is pregnant or is in the process
1064of securing legal custody of any individual who has not attained
1065the age of 18 years.
1066     (7)  It is unlawful to discriminate in the sale or rental
1067of, or to otherwise make unavailable or deny, a dwelling to any
1068buyer or renter because of a disability handicap of:
1069     (a)  That buyer or renter;
1070     (b)  A person residing in or intending to reside in that
1071dwelling after it is sold, rented, or made available; or
1072     (c)  Any person associated with the buyer or renter.
1073     (8)  It is unlawful to discriminate against any person in
1074the terms, conditions, or privileges of sale or rental of a
1075dwelling, or in the provision of services or facilities in
1076connection with such dwelling, because of a disability handicap
1077of:
1078     (a)  That buyer or renter;
1079     (b)  A person residing in or intending to reside in that
1080dwelling after it is sold, rented, or made available; or
1081     (c)  Any person associated with the buyer or renter.
1082     (9)  For purposes of subsections (7) and (8),
1083discrimination includes:
1084     (a)  A refusal to permit, at the expense of the handicapped
1085person having a disability, reasonable modifications of existing
1086premises occupied or to be occupied by such person if such
1087modifications may be necessary to afford such person full
1088enjoyment of the premises; or
1089     (b)  A refusal to make reasonable accommodations in rules,
1090policies, practices, or services, when such accommodations may
1091be necessary to afford such person equal opportunity to use and
1092enjoy a dwelling.
1093     (10)  Covered multifamily dwellings as defined herein which
1094are intended for first occupancy after March 13, 1991, shall be
1095designed and constructed to have at least one building entrance
1096on an accessible route unless it is impractical to do so because
1097of the terrain or unusual characteristics of the site as
1098determined by commission rule. Such buildings shall also be
1099designed and constructed in such a manner that:
1100     (a)  The public use and common use portions of such
1101dwellings are readily accessible to and usable by handicapped
1102persons having disabilities.
1103     (b)  All doors designed to allow passage into and within
1104all premises within such dwellings are sufficiently wide to
1105allow passage by a person in a wheelchair.
1106     (c)  All premises within such dwellings contain the
1107following features of adaptive design:
1108     1.  An accessible route into and through the dwelling.
1109     2.  Light switches, electrical outlets, thermostats, and
1110other environmental controls in accessible locations.
1111     3.  Reinforcements in bathroom walls to allow later
1112installation of grab bars.
1113     4.  Usable kitchens and bathrooms such that a person in a
1114wheelchair can maneuver about the space.
1115     (d)  Compliance with the appropriate requirements of the
1116American National Standards Institute for buildings and
1117facilities providing accessibility and usability for persons
1118having disabilities physically handicapped people, commonly
1119cited as ANSI A117.1-1986, suffices to satisfy the requirements
1120of paragraph (c).
1121
1122State agencies with building construction regulation
1123responsibility or local governments, as appropriate, shall
1124review the plans and specifications for the construction of
1125covered multifamily dwellings to determine consistency with the
1126requirements of this subsection.
1127     Section 25.  Section 760.24, Florida Statutes, is amended
1128to read:
1129     760.24  Discrimination in the provision of brokerage
1130services.--It is unlawful to deny any person access to, or
1131membership or participation in, any multiple-listing service,
1132real estate brokers' organization, or other service,
1133organization, or facility relating to the business of selling or
1134renting dwellings, or to discriminate against him or her in the
1135terms or conditions of such access, membership, or
1136participation, on account of race, color, national origin, sex,
1137disability handicap, familial status, or religion.
1138     Section 26.  Section 760.25, Florida Statutes, is amended
1139to read:
1140     760.25  Discrimination in the financing of housing or in
1141residential real estate transactions.--
1142     (1)  It is unlawful for any bank, building and loan
1143association, insurance company, or other corporation,
1144association, firm, or enterprise the business of which consists
1145in whole or in part of the making of commercial real estate
1146loans to deny a loan or other financial assistance to a person
1147applying for the loan for the purpose of purchasing,
1148constructing, improving, repairing, or maintaining a dwelling,
1149or to discriminate against him or her in the fixing of the
1150amount, interest rate, duration, or other term or condition of
1151such loan or other financial assistance, because of the race,
1152color, national origin, sex, disability handicap, familial
1153status, or religion of such person or of any person associated
1154with him or her in connection with such loan or other financial
1155assistance or the purposes of such loan or other financial
1156assistance, or because of the race, color, national origin, sex,
1157disability handicap, familial status, or religion of the present
1158or prospective owners, lessees, tenants, or occupants of the
1159dwelling or dwellings in relation to which such loan or other
1160financial assistance is to be made or given.
1161     (2)(a)  It is unlawful for any person or entity whose
1162business includes engaging in residential real estate
1163transactions to discriminate against any person in making
1164available such a transaction, or in the terms or conditions of
1165such a transaction, because of race, color, national origin,
1166sex, disability handicap, familial status, or religion.
1167     (b)  As used in this subsection, the term "residential real
1168estate transaction" means any of the following:
1169     1.  The making or purchasing of loans or providing other
1170financial assistance:
1171     a.  For purchasing, constructing, improving, repairing, or
1172maintaining a dwelling; or
1173     b.  Secured by residential real estate.
1174     2.  The selling, brokering, or appraising of residential
1175real property.
1176     Section 27.  Subsections (1), (2), and (3), paragraphs (a)
1177and (e) of subsection (4), and subsection (5) of section 760.29,
1178Florida Statutes, are amended to read:
1179     760.29  Exemptions.--
1180     (1)(a)  Nothing in ss. 760.23 and 760.25 applies to:
1181     1.  Any single-family house sold or rented by its owner,
1182provided such private individual owner does not own more than
1183three single-family houses at any one time. In the case of the
1184sale of a single-family house by a private individual owner who
1185does not reside in such house at the time of the sale or who was
1186not the most recent resident of the house prior to the sale, the
1187exemption granted by this paragraph applies only with respect to
1188one sale within any 24-month period. In addition, the bona fide
1189private individual owner shall not own any interest in, nor
1190shall there be owned or reserved on his or her behalf, under any
1191express or voluntary agreement, title to, or any right to all or
1192a portion of the proceeds from the sale or rental of, more than
1193three single-family houses at any one time. The sale or rental
1194of any single-family house shall be excepted from the
1195application of ss. 760.20-760.41 760.20-760.37 only if the house
1196is sold or rented:
1197     a.  Without the use in any manner of the sales or rental
1198facilities or the sales or rental services of any real estate
1199licensee or such facilities or services of any person in the
1200business of selling or renting dwellings, or of any employee or
1201agent of any such licensee or person; and
1202     b.  Without the publication, posting, or mailing, after
1203notice, of any advertisement or written notice in violation of
1204s. 760.23(3).
1205
1206Nothing in this provision prohibits the use of attorneys, escrow
1207agents, abstractors, title companies, and other such
1208professional assistance as is necessary to perfect or transfer
1209the title.
1210     2.  Rooms or units in dwellings containing living quarters
1211occupied or intended to be occupied by no more than four
1212families living independently of each other, if the owner
1213actually maintains and occupies one of such living quarters as
1214his or her residence.
1215     (b)  For the purposes of paragraph (a), a person is deemed
1216to be in the business of selling or renting dwellings if the
1217person:
1218     1.  Has, within the preceding 12 months, participated as
1219principal in three or more transactions involving the sale or
1220rental of any dwelling or interest therein;
1221     2.  Has, within the preceding 12 months, participated as
1222agent, other than in the sale of his or her own personal
1223residence, in providing sales or rental facilities or sales or
1224rental services in two or more transactions involving the sale
1225or rental of any dwelling or interest therein; or
1226     3.  Is the owner of any dwelling designed or intended for
1227occupancy by, or occupied by, five or more families.
1228     (2)  Nothing in ss. 760.20-760.41 760.20-760.37 prohibits a
1229religious organization, association, or society, or any
1230nonprofit institution or organization operated, supervised, or
1231controlled by or in conjunction with a religious organization,
1232association, or society, from limiting the sale, rental, or
1233occupancy of any dwelling which it owns or operates for other
1234than a commercial purpose to persons of the same religion or
1235from giving preference to such persons, unless membership in
1236such religion is restricted on account of race, color, or
1237national origin. Nothing in ss. 760.20-760.41 760.20-760.37
1238prohibits a private club not in fact open to the public, which
1239as an incident to its primary purpose or purposes provides
1240lodgings which it owns or operates for other than a commercial
1241purpose, from limiting the rental or occupancy of such lodgings
1242to its members or from giving preference to its members.
1243     (3)  Nothing in ss. 760.20-760.41 760.20-760.37 requires
1244any person renting or selling a dwelling constructed for first
1245occupancy before March 13, 1991, to modify, alter, or adjust the
1246dwelling in order to provide physical accessibility except as
1247otherwise required by law.
1248     (4)(a)  Any provision of ss. 760.20-760.41 760.20-760.37
1249regarding familial status does not apply with respect to housing
1250for older persons.
1251     (e)  A facility or community claiming an exemption under
1252this subsection shall register with the commission by submitting
1253to the commission a copy of the recorded documents establishing
1254the facility or community as housing for older persons and
1255submit a letter to the commission stating that the facility or
1256community complies with the requirements of subparagraph (b)1.,
1257subparagraph (b)2., or subparagraph (b)3. The letter shall be
1258submitted on the letterhead of the facility or community and
1259shall be signed by the president of the facility or community.
1260This registration and documentation shall be renewed biennially
1261from the date of original filing. The information in the
1262registry shall be made available to the public, and the
1263commission shall include this information on an Internet
1264website. The commission may charge a establish a reasonable
1265registration fee of $75, which, not to exceed $20, that shall be
1266deposited into the commission's trust fund to defray the
1267administrative costs associated with maintaining the registry.
1268The commission may impose an administrative fine, not to exceed
1269$500, on a facility or community that fails to register or renew
1270its registration with the commission or that knowingly submits
1271false information in the documentation required by this
1272paragraph. Such fines shall be deposited in the commission's
1273trust fund. The registration and documentation required by this
1274paragraph shall not substitute for proof of compliance with the
1275requirements of this subsection. Failure to comply with the
1276requirements of this paragraph shall not disqualify a facility
1277or community that otherwise qualifies for the exemption provided
1278in this subsection.
1279
1280A county or municipal ordinance regarding housing for older
1281persons may not contravene the provisions of this subsection.
1282     (5)  Nothing in ss. 760.20-760.41 760.20-760.37:
1283     (a)  Prohibits a person engaged in the business of
1284furnishing appraisals of real property from taking into
1285consideration factors other than race, color, national origin,
1286sex, disability handicap, familial status, or religion.
1287     (b)  Limits the applicability of any reasonable local
1288restriction regarding the maximum number of occupants permitted
1289to occupy a dwelling.
1290     (c)  Requires that a dwelling be made available to an
1291individual whose tenancy would constitute a direct threat to the
1292health or safety of other individuals or whose tenancy would
1293result in substantial physical damage to the property of others.
1294     (d)  Prohibits conduct against a person because such person
1295has been convicted by any court of competent jurisdiction of the
1296illegal manufacture or distribution of a controlled substance as
1297defined under chapter 893.
1298     Section 28.  Section 760.30, Florida Statutes, is amended
1299to read:
1300     760.30  Administration of ss. 760.20-760.41 760.20-
1301760.37.--
1302     (1)  The authority and responsibility for administering ss.
1303760.20-760.41 760.20-760.37 is in the commission.
1304     (2)  The commission may delegate any of its functions,
1305duties, and powers to its employees, including functions,
1306duties, and powers with respect to investigating, conciliating,
1307hearing, determining, ordering, certifying, reporting, or
1308otherwise acting as to any work, business, or matter under ss.
1309760.20-760.41 760.20-760.37.
1310     Section 29.  Subsections (4) and (5) of section 760.31,
1311Florida Statutes, are amended to read:
1312     760.31  Powers and duties of commission.--The commission
1313shall:
1314     (4)  Administer the programs and activities relating to
1315housing in a manner affirmatively to further the policies of ss.
1316760.20-760.41 760.20-760.37.
1317     (5)  Adopt rules necessary to implement ss. 760.20-760.41
1318760.20-760.37 and govern the proceedings of the commission in
1319accordance with chapter 120. Commission rules shall clarify
1320terms used with regard to disability handicapped accessibility,
1321exceptions from accessibility requirements based on terrain or
1322site characteristics, and requirements related to housing for
1323older persons. Commission rules shall specify the fee and the
1324forms and procedures to be used for the registration required by
1325s. 760.29(4)(e).
1326     Section 30.  Subsection (1) of section 760.32, Florida
1327Statutes, is amended to read:
1328     760.32  Investigations; subpoenas; oaths.--
1329     (1)  In conducting an investigation, the commission shall
1330have access at all reasonable times to premises, records,
1331documents, individuals, and other evidence or possible sources
1332of evidence and may examine, record, and copy such materials and
1333take and record the testimony or statements of such persons as
1334are reasonably necessary for the furtherance of the
1335investigation if, provided the commission first complies with
1336the provisions of the State Constitution relating to
1337unreasonable searches and seizures. The commission may issue
1338subpoenas to compel its access to or the production of such
1339materials or the appearance of such persons, and may issue
1340interrogatories to a respondent, to the same extent and subject
1341to the same limitations as would apply if the subpoenas or
1342interrogatories were issued or served in aid of a civil action
1343in court. The commission may also use any other method of
1344discovery authorized by the Florida Rules of Civil Procedure.
1345The commission may administer oaths.
1346     Section 31.  Section 760.34, Florida Statutes, is amended
1347to read:
1348     760.34  Enforcement.--
1349     (1)  Any person who claims to have been injured by a
1350discriminatory housing practice or who believes that he or she
1351will be injured by a discriminatory housing practice that is
1352about to occur may file a complaint with the commission.
1353Complaints shall be in writing and shall contain such
1354information and be in such form as the commission requires. Upon
1355receipt of such a complaint, the commission shall furnish a copy
1356to the person or persons who allegedly committed the
1357discriminatory housing practice or are about to commit the
1358alleged discriminatory housing practice. Within 100 days after
1359receiving a complaint, or within 100 days after the expiration
1360of any period of reference under subsection (3), the commission
1361shall investigate the complaint and give notice in writing to
1362the person aggrieved whether it intends to resolve it. If the
1363commission decides to resolve the complaint, it shall proceed to
1364try to eliminate or correct the alleged discriminatory housing
1365practice by informal methods of conference, conciliation, and
1366persuasion. Insofar as possible, conciliation meetings shall be
1367held in the cities or other localities where the discriminatory
1368housing practices allegedly occurred. Nothing said or done in
1369the course of such informal endeavors may be made public or used
1370as evidence in a subsequent proceeding under ss. 760.20-760.41
1371760.20-760.37 without the written consent of the persons
1372concerned. Any employee of the commission who makes public any
1373information in violation of this provision is guilty of a
1374misdemeanor of the first degree, punishable as provided in s.
1375775.082 or s. 775.083.
1376     (2)  A complaint under subsection (1) must be filed within
13771 year after the alleged discriminatory housing practice
1378occurred. The complaint must be in writing and shall state the
1379facts upon which the allegations of a discriminatory housing
1380practice are based. A complaint may be reasonably and fairly
1381amended at any time. A respondent may file a response an answer
1382to the complaint against him or her and, with the leave of the
1383commission, which shall be granted whenever it would be
1384reasonable and fair to do so, may amend his or her response
1385answer at any time. Both complaint and response answer shall be
1386verified.
1387     (3)  Wherever a local fair housing law provides rights and
1388remedies for alleged discriminatory housing practices that which
1389are substantially equivalent to the rights and remedies provided
1390in ss. 760.20-760.41 760.20-760.37, the commission shall notify
1391the appropriate local agency of any complaint filed under ss.
1392760.20-760.41 760.20-760.37 which appears to constitute a
1393violation of the local fair housing law, and the commission
1394shall take no further action with respect to such complaint if
1395the local law enforcement official has, within 30 days after
1396from the date the alleged offense was brought to his or her
1397attention, commenced proceedings in the matter. In no event
1398shall the commission take further action unless it certifies
1399that in its judgment, under the circumstances of the particular
1400case, the protection of the rights of the parties or the
1401interests of justice require such action.
1402     (4)  Whenever a charge is filed with the commission and the
1403commission concludes on the basis of a preliminary investigation
1404that prompt judicial action is necessary to carry out the
1405purposes of ss. 760.20-760.41, the commission may bring an
1406action for appropriate temporary or preliminary relief pending
1407final disposition of such charge. Any temporary restraining
1408order or other order granting preliminary or temporary relief
1409shall be issued in accordance with the applicable Florida Rules
1410of Civil Procedure. If the court finds that the respondent has
1411intentionally engaged in or is intentionally engaging in an
1412unlawful practice under ss. 760.20-760.41 as charged in the
1413complaint, the court may enjoin the respondent from engaging in
1414such unlawful practice and order such affirmative relief as may
1415be appropriate.
1416     (5)(a)(4)  If, within 180 days after a complaint is filed
1417with the commission or within 180 days after expiration of any
1418period of reference under subsection (3), the commission has
1419been unable to obtain voluntary compliance with ss. 760.20-
1420760.41 760.20-760.37, the person aggrieved may commence a civil
1421action in any appropriate court against the respondent named in
1422the complaint or petition for an administrative determination
1423pursuant to s. 760.35 to enforce the rights granted or protected
1424by ss. 760.20-760.41 760.20-760.37.
1425     (b)  If, as a result of its investigation under subsection
1426(1), the commission finds there is reasonable cause to believe
1427that a discriminatory housing practice has occurred, at the
1428request of the person aggrieved, the Attorney General shall
1429bring an action in the name of the state on behalf of the
1430aggrieved person to enforce the provisions of ss. 760.20-760.41
1431760.20-760.37.
1432     (c)  If the commission determines that there is not reasonable
1433cause to believe that a discriminatory housing practice has
1434occurred, the commission shall dismiss the complaint. The aggrieved
1435person may request an administrative hearing under ss. 120.569 and
1436120.57, but any such request must be made within 30 days after the
1437service of the notice of the determination of no reasonable cause.
1438Any such hearing shall be heard by an administrative law judge and
1439not by the commission or a commissioner. If the aggrieved person
1440does not request an administrative hearing within 30 days, the
1441claim is barred. If the administrative law judge finds that a
1442discriminatory housing practice has occurred, he or she shall issue
1443an appropriate recommended order to the commission. Within 90 days
1444after the date that the recommended order is rendered, the
1445commission shall issue a final order by adopting, rejecting, or
1446modifying the recommended order as provided under ss. 120.569 and
1447120.57. The 90-day period may be extended with the consent of all
1448parties. In any action or proceeding under this subsection, the
1449commission may allow the prevailing party reasonable attorney's
1450fees as part of the costs. It is the intent of the Legislature that
1451this provision for attorney's fees be interpreted in a manner
1452consistent with federal case law involving a Title VIII action. If
1453the final order issued by the commission determines that a
1454discriminatory housing practice has occurred, the aggrieved person
1455may:
1456     1.  Request the Attorney General to bring an action in the
1457name of the state on behalf of the aggrieved person to enforce the
1458provisions of ss. 760.20-760.41; or
1459     2.  Proceed with the case pursuant to this subsection,
1460subsection (7), or subsection (8) as if there has been a
1461determination of reasonable cause.
1462     (6)(5)  In any proceeding brought pursuant to this section
1463or s. 760.35, the burden of proof is on the complainant.
1464     (7)(6)  Whenever an action filed in court pursuant to this
1465section or s. 760.35 comes to trial, the commission shall
1466immediately terminate all efforts to obtain voluntary
1467compliance.
1468     (8)(7)(a)  The commission may institute a civil action in
1469any appropriate court if it is unable to obtain voluntary
1470compliance with ss. 760.20-760.41 760.20-760.37. The commission
1471need not have petitioned for an administrative hearing or
1472exhausted its administrative remedies prior to bringing a civil
1473action.
1474     (b)  The court may impose the following fines for each
1475violation of ss. 760.20-760.41 760.20-760.37:
1476     1.  Up to $10,000, if the respondent has not previously
1477been found guilty of a violation of ss. 760.20-760.41 760.20-
1478760.37.
1479     2.  Up to $25,000, if the respondent has been found guilty
1480of one prior violation of ss. 760.20-760.41 760.20-760.37 within
1481the preceding 5 years.
1482     3.  Up to $50,000, if the respondent has been found guilty
1483of two or more violations of ss. 760.20-760.41 760.20-760.37
1484within the preceding 7 years.
1485
1486In imposing a fine under this paragraph, the court shall
1487consider the nature and circumstances of the violation, the
1488degree of culpability, the history of prior violations of ss.
1489760.20-760.41 760.20-760.37, the financial circumstances of the
1490respondent, and the goal of deterring future violations of ss.
1491760.20-760.41 760.20-760.37.
1492     (c)  The court shall award reasonable attorney's fees and
1493costs to the commission in any action in which the commission
1494prevails.
1495     (9)(8)  Any local agency certified as substantially
1496equivalent may institute a civil action in any appropriate
1497court, including circuit court, if it is unable to obtain
1498voluntary compliance with the local fair housing law. The agency
1499need not have petitioned for an administrative hearing or
1500exhausted its administrative remedies prior to bringing a civil
1501action. The court may impose fines as provided in the local fair
1502housing law.
1503     Section 32.  Subsection (1) and paragraph (a) of subsection
1504(3) of section 760.35, Florida Statutes, are amended to read:
1505     760.35  Civil actions and relief; administrative
1506procedures.--
1507     (1)(a)1.  A civil action shall be commenced no later than 2
1508years after an alleged discriminatory housing practice has
1509occurred.
1510     2.  The computation of such 2-year period may not include
1511any time during which an administrative proceeding under ss.
1512760.20-760.41 was pending with respect to a complaint or charge
1513based upon such discriminatory housing practice. This
1514subparagraph does not apply to actions arising from a breach of
1515a conciliation agreement.
1516     (b)  However, the court shall continue a civil case brought
1517pursuant to this section or s. 760.34 from time to time before
1518bringing it to trial if the court believes that the conciliation
1519efforts of the commission or local agency are likely to result
1520in satisfactory settlement of the discriminatory housing
1521practice complained of in the complaint made to the commission
1522or to the local agency and which practice forms the basis for
1523the action in court. Any sale, encumbrance, or rental
1524consummated prior to the issuance of any court order issued
1525under the authority of ss. 760.20-760.41 760.20-760.37 and
1526involving a bona fide purchaser, encumbrancer, or tenant without
1527actual notice of the existence of the filing of a complaint or
1528civil action under the provisions of ss. 760.20-760.41 760.20-
1529760.37 shall not be affected.
1530     (3)(a)  If the commission is unable to obtain voluntary
1531compliance with ss. 760.20-760.41 760.20-760.37 or has
1532reasonable cause to believe that a discriminatory practice has
1533occurred:
1534     1.  The commission may institute an administrative
1535proceeding under chapter 120; or
1536     2.  The person aggrieved may request administrative relief
1537under chapter 120 within 30 days after receiving notice that the
1538commission has concluded its investigation under s. 760.34.
1539     Section 33.  Section 760.36, Florida Statutes, is amended
1540to read:
1541     760.36  Conciliation agreements.--Any conciliation
1542agreement arising out of conciliation efforts by the Florida
1543Commission on Human Relations pursuant to the Fair Housing Act
1544must be agreed to by the respondent and the complainant and is
1545subject to the approval of the commission. Notwithstanding the
1546provisions of s. 760.11(12)(11) and (13)(12), each conciliation
1547agreement arising out of a complaint filed under the Fair
1548Housing Act shall be made public unless the complainant and the
1549respondent otherwise agree and the commission determines that
1550disclosure is not required to further the purposes of the
1551Florida Fair Housing Act.
1552     Section 34.  Section 760.37, Florida Statutes, is amended
1553to read:
1554     760.37  Interference, coercion, or intimidation;
1555enforcement by administrative or civil action.--It is unlawful
1556to coerce, intimidate, threaten, or interfere with any person in
1557the exercise of, or on account of her or his having exercised,
1558or on account of her or his having aided or encouraged any other
1559person in the exercise of any right granted under ss. 760.20-
1560760.41 760.20-760.37. This section may be enforced by
1561appropriate administrative or civil action.
1562     Section 35.  Section 760.38, Florida Statutes, is created
1563to read:
1564     760.38  Recovery for state-funded products or services
1565provided.--
1566     (1)  The commission may recover expenditures for any state-
1567funded products or services furnished to any person seeking
1568administrative or judicial relief under ss. 760.20-760.41 who
1569has the present ability to pay. The rate of compensation for
1570such products or services shall include the actual cost,
1571including cost of recovery, of court reporter services and
1572transcriptions, court interpreter services and translation, and
1573any other product or service for which state funds were incurred
1574by the commission as a result of persons seeking administrative
1575or judicial relief.
1576     (2)  Funds received by the commission pursuant to this
1577section shall be deposited into the commission's trust fund to
1578assist the commission in defraying some of the costs associated
1579with parties seeking administrative or judicial relief.
1580     Section 36.  Section 760.39, Florida Statutes, is created
1581to read:
1582     760.39  Fees for products or services provided.--
1583     (1)  The commission may charge fees for products or
1584services provided in the performance of its duties pursuant to
1585ss. 760.20-760.41 in amounts not to exceed:
1586     (a)  For examining, comparing, correcting, verifying, and
1587certifying transcripts of record in appellate proceedings,
1588prepared by an attorney for the appellant or someone else other
1589than the clerk of the commission, per page...$5.00.
1590     (b)  For preparing, numbering, and indexing an original
1591record of appellate proceedings, per instrument...$3.50.
1592     (c)  For certifying copies of any instrument...$2.00.
1593     (d)  For verifying any instrument presented for
1594certification prepared by someone other than the clerk of the
1595commission, per page...$3.50.
1596     (e)  For writing or copying, including signing and sealing,
1597any paper not otherwise mentioned in this subsection...$7.00.
1598     (f)  For indexing each entry not recorded...$1.00.
1599     (2)  The clerk of the commission may provide the requested
1600information or record in an electronic format in lieu of a hard
1601copy when ready accessibility by the requesting entity is
1602available.
1603     (3)  Any funds received by the commission pursuant to this
1604section shall be deposited into the commission's trust fund.
1605     Section 37.  Section 760.401, Florida Statutes, is created
1606to read:
1607     760.401  Mediation, arbitration, and conciliation services;
1608immunity from liability for mediators.--
1609     (1)  Mediation, arbitration, and conciliation services
1610shall be available to and accessible by all parties to any
1611discrimination complaint filed with the commission pursuant to
1612ss. 760.20-760.41, regardless of financial status.
1613     (2)  A person performing services specified in subsection (1)
1614in any action pursuant to ss. 760.20-760.41 shall have immunity
1615from liability arising from the performance of his or her duties
1616while acting within the scope of that function if the services are:
1617     1.  Required by statute or agency rule or order;
1618     2.  Conducted by express agreement of the parties; or
1619     3.  Facilitated by a mediator certified by the Supreme Court.
1620     (b)  A person performing services specified in subsection (1)
1621does not have immunity under this subsection if he or she acts in
1622bad faith, with malicious purpose, or in a manner exhibiting wanton
1623and willful disregard of human rights, safety, or property.
1624     Section 38.  Section 760.41, Florida Statutes, is created
1625to read:
1626     760.41  Computation of time.--In computing any period of time
1627under ss. 760.20-760.41, the day of the act, event, or default from
1628which the designated period of time begins to run shall not be
1629included. The last day of the period so computed shall be included
1630unless it is a Saturday, Sunday, or legal state holiday, in which
1631event the period shall run until the end of the next day that is
1632not a Saturday, Sunday, or legal state holiday. If the period of
1633time prescribed or allowed is less than 7 days, intermediate
1634Saturdays, Sundays, and legal state holidays shall be excluded in
1635the computation.
1636     Section 39.  Subsection (2) of section 760.50, Florida
1637Statutes, is amended to read:
1638     760.50  Discrimination on the basis of AIDS, AIDS-related
1639complex, and HIV prohibited.--
1640     (2)  Any person with or perceived as having acquired immune
1641deficiency syndrome, acquired immune deficiency syndrome related
1642complex, or human immunodeficiency virus shall have every
1643protection made available to handicapped persons having
1644disabilities.
1645     Section 40.  Subsection (1) of section 760.60, Florida
1646Statutes, is amended to read:
1647     760.60  Discriminatory practices of certain clubs
1648prohibited; remedies.--
1649     (1)  It is unlawful for a person to discriminate against
1650any individual because of race, color, religion, gender,
1651national origin, disability handicap, age above the age of 21,
1652or marital status in evaluating an application for membership in
1653a club that has more than 400 members, that provides regular
1654meal service, and that regularly receives payment for dues,
1655fees, use of space, facilities, services, meals, or beverages
1656directly or indirectly from nonmembers for business purposes. It
1657is unlawful for a person, on behalf of such a club, to publish,
1658circulate, issue, display, post, or mail any advertisement,
1659notice, or solicitation that contains a statement to the effect
1660that the accommodations, advantages, facilities, membership, or
1661privileges of the club are denied to any individual because of
1662race, color, religion, sex gender, national origin, disability
1663handicap, age above the age of 21, or marital status. This
1664subsection does not apply to fraternal or benevolent
1665organizations, ethnic clubs, or religious organizations where
1666business activity is not prevalent.
1667     Section 41.  This act shall take effect July 1, 2010.


CODING: Words stricken are deletions; words underlined are additions.
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