November 22, 2019
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_h0391__
HB 391

1
A bill to be entitled
2An act relating to prohibited discrimination; providing a
3short title; amending s. 760.01, F.S.; revising provisions
4to include sexual orientation and gender identity or
5expression as impermissible grounds for discrimination;
6conforming terminology; amending s. 760.02, F.S.; defining
7additional terms; creating s. 760.025, F.S.; specifying
8when an individual has an impairment for certain purposes;
9amending ss. 760.05, 760.07, 760.08, and 760.10, F.S.;
10revising provisions to include sexual orientation and
11gender identity or expression as impermissible grounds for
12discrimination; conforming terminology; amending s.
13509.092, F.S.; revising provisions to include sexual
14orientation and gender identity or expression as
15impermissible grounds for discrimination in public lodging
16establishments and public food service establishments;
17amending s. 760.22, F.S.; defining additional terms;
18deleting the definition of the term "handicap"; creating
19s. 760.225, F.S.; specifying when an individual has an
20impairment for certain purposes; amending ss. 760.23,
21760.24, 760.25, 760.26, and 760.29, F.S.; revising
22provisions to include sexual orientation and gender
23identity or expression as impermissible grounds for
24discrimination; conforming terminology; amending ss.
25760.31 and 760.50, F.S.; conforming terminology; amending
26s. 760.60, F.S.; revising provisions to include sexual
27orientation and gender identity or expression as
28impermissible grounds for discrimination; conforming
29terminology; amending s. 419.001, F.S.; conforming a
30cross-reference; providing an effective date.
31
32Be It Enacted by the Legislature of the State of Florida:
33
34     Section 1.  This act may be cited as the "Competitive
35Workforce Act."
36     Section 2.  Subsection (2) of section 760.01, Florida
37Statutes, is amended to read:
38     760.01  Purposes; construction; title.-
39     (2)  The general purposes of the Florida Civil Rights Act
40of 1992 are to secure for all individuals within the state
41freedom from discrimination because of race, color, religion,
42sex, national origin, age, disability, sexual orientation,
43gender identity or expression handicap, or marital status and
44thereby to protect their interest in personal dignity, to make
45available to the state their full productive capacities, to
46secure the state against domestic strife and unrest, to preserve
47the public safety, health, and general welfare, and to promote
48the interests, rights, and privileges of individuals within the
49state.
50     Section 3.  Section 760.02, Florida Statutes, is amended to
51read:
52     760.02  Definitions.-For the purposes of ss. 760.01-760.11
53and 509.092, the term:
54     (1)  "Aggrieved person" means any person who files a
55complaint with the Florida Commission on Human Relations
56"Florida Civil Rights Act of 1992" means ss. 760.01-760.11 and
57509.092.
58     (2)  "Commission" means the Florida Commission on Human
59Relations created by s. 760.03.
60     (3)  "Commissioner" or "member" means a member of the
61commission.
62     (4)  "Disability" means:
63     (a)  A physical or mental impairment that substantially
64limits one or more of the major life activities of the
65individual;
66     (b)  A record of such impairment;
67     (c)  Being regarded as having such an impairment; or
68     (d)  Having a developmental disability as defined in s.
69393.063.
70     (5)(4)  "Discriminatory practice" means any practice made
71unlawful by the Florida Civil Rights Act of 1992.
72     (6)  "Employer" means any person employing 15 or more
73employees for each working day in each of 20 or more calendar
74weeks in the current or preceding calendar year, and any agent
75of such a person.
76     (7)  "Employment agency" means any person regularly
77undertaking, with or without compensation, to procure employees
78for an employer or to procure for employees opportunities to
79work for an employer, and includes an agent of such a person.
80     (8)  "Florida Civil Rights Act of 1992" means ss. 760.01-
81760.11 and 509.092.
82     (9)  "Gender identity or expression" means a gender-related
83identity, appearance, expression, or behavior of an individual,
84regardless of the individual's assigned sex at birth.
85     (10)  "Labor organization" means any organization that
86exists for the purpose, in whole or in part, of collective
87bargaining or of dealing with employers concerning grievances,
88terms or conditions of employment, or other mutual aid or
89protection in connection with employment.
90     (11)  "Major life activities" includes, but is not limited
91to:
92     (a)  Caring for oneself, performing manual tasks, and
93functioning in a workplace environment.
94     (b)  Major bodily functions, including, but not limited to,
95visual, auditory, aural, and cognitive functions; functions of
96the immune, digestive, neurological, respiratory, circulatory,
97endocrine, and reproductive systems; normal cell growth; and
98functions of the bowel, bladder, and brain.
99     (12)(5)  "National origin" includes ancestry.
100     (13)(6)  "Person" includes an individual, association,
101corporation, joint apprenticeship committee, joint-stock
102company, labor union, legal representative, mutual company,
103partnership, receiver, trust, trustee in bankruptcy, or
104unincorporated organization; any other legal or commercial
105entity; the state; or any governmental entity or agency.
106     (7)  "Employer" means any person employing 15 or more
107employees for each working day in each of 20 or more calendar
108weeks in the current or preceding calendar year, and any agent
109of such a person.
110     (8)  "Employment agency" means any person regularly
111undertaking, with or without compensation, to procure employees
112for an employer or to procure for employees opportunities to
113work for an employer, and includes an agent of such a person.
114     (9)  "Labor organization" means any organization which
115exists for the purpose, in whole or in part, of collective
116bargaining or of dealing with employers concerning grievances,
117terms or conditions of employment, or other mutual aid or
118protection in connection with employment.
119     (10)  "Aggrieved person" means any person who files a
120complaint with the Human Relations Commission.
121     (14)(11)  "Public accommodations" means places of public
122accommodation, lodgings, facilities principally engaged in
123selling food for consumption on the premises, gasoline stations,
124places of exhibition or entertainment, and other covered
125establishments. Each of the following establishments which
126serves the public is a place of public accommodation within the
127meaning of this section:
128     (a)  Any inn, hotel, motel, or other establishment that
129which provides lodging to transient guests, other than an
130establishment located within a building that which contains not
131more than four rooms for rent or hire and that which is actually
132occupied by the proprietor of such establishment as his or her
133residence.
134     (b)  Any restaurant, cafeteria, lunchroom, lunch counter,
135soda fountain, or other facility principally engaged in selling
136food for consumption on the premises, including, but not limited
137to, any such facility located on the premises of any retail
138establishment, or any gasoline station.
139     (c)  Any motion picture theater, theater, concert hall,
140sports arena, stadium, or other place of exhibition or
141entertainment.
142     (d)  Any establishment that which is physically located
143within the premises of any establishment otherwise covered by
144this subsection, or within the premises of which is physically
145located any such covered establishment, and which holds itself
146out as serving patrons of such covered establishment.
147     (15)  "Sexual orientation" means an individual's actual or
148perceived heterosexuality, homosexuality, or bisexuality.
149     Section 4.  Section 760.025, Florida Statutes, is created
150to read:
151     760.025  Impairment.-For purposes of this part, an
152individual who has been subjected to an action prohibited under
153this chapter because of an actual or perceived physical or
154mental impairment, regardless of whether the impairment limits
155or is perceived to limit a major life activity, has an
156impairment. An impairment that limits one major life activity
157may be considered a disability; however, a transitory or minor
158impairment may not be considered a disability. An impairment
159that is episodic or in remission is considered to be a
160disability if it substantially limits at least one major life
161activity when the impairment is active or not in remission. The
162determination of whether an impairment substantially limits at
163least one major life activity must be made without regard to the
164ameliorative effects of mitigating measures, such as medication;
165medical supplies; equipment or appliances; low-vision devices,
166not including ordinary eyeglasses or contact lenses;
167prosthetics, including artificial limbs and devices, hearing
168aids and cochlear implants or other implantable hearing devices,
169and mobility devices; oxygen therapy equipment and supplies; use
170of assistive technology; reasonable accommodations or auxiliary
171aids or services, including qualified interpreters or other
172effective measures of making aurally delivered materials
173available to individuals with hearing impairments; qualified
174readers; taped texts or other effective methods of making
175visually delivered materials available to individuals with
176visual impairments; acquisition or modification of equipment and
177devices and other similar services and actions; or learned
178behavioral or adaptive neurological modifications.
179     Section 5.  Section 760.05, Florida Statutes, is amended to
180read:
181     760.05  Functions of the commission.-The commission shall
182promote and encourage fair treatment and equal opportunity for
183all persons regardless of race, color, religion, sex, national
184origin, age, disability, sexual orientation, gender identity or
185expression handicap, or marital status and mutual understanding
186and respect among all members of society all economic, social,
187racial, religious, and ethnic groups; and the commission shall
188endeavor to eliminate discrimination against, and antagonism
189between, persons on the basis of race, color, religion, sex,
190national origin, age, disability, sexual orientation, gender
191identity or expression, or marital status religious, racial, and
192ethnic groups and their members.
193     Section 6.  Section 760.07, Florida Statutes, is amended to
194read:
195     760.07  Remedies for unlawful discrimination.-Any violation
196of any Florida statute making unlawful discrimination because of
197race, color, religion, gender, national origin, age, disability,
198sexual orientation, gender identity or expression handicap, or
199marital status in the areas of education, employment, housing,
200or public accommodations gives rise to a cause of action for all
201relief and damages described in s. 760.11(5), unless greater
202damages are expressly provided for. If the statute prohibiting
203unlawful discrimination provides an administrative remedy, the
204action for equitable relief and damages provided for in this
205section may be initiated only after the plaintiff has exhausted
206his or her administrative remedy. The term "public
207accommodations" does not include lodge halls or other similar
208facilities of private organizations that which are made
209available for public use occasionally or periodically. The right
210to trial by jury is preserved in any case in which the plaintiff
211is seeking actual or punitive damages.
212     Section 7.  Section 760.08, Florida Statutes, is amended to
213read:
214     760.08  Discrimination in places of public accommodation.-
215All persons shall be entitled to the full and equal enjoyment of
216the goods, services, facilities, privileges, advantages, and
217accommodations of any place of public accommodation, as defined
218in this chapter, without discrimination or segregation on the
219ground of race, color, national origin, sex, disability, sexual
220orientation, gender identity or expression handicap, familial
221status, or religion.
222     Section 8.  Subsections (1) and (2), paragraphs (a) and (b)
223of subsection (3), subsections (4), (5), and (6), and paragraph
224(a) of subsection (8) of section 760.10, Florida Statutes, are
225amended to read:
226     760.10  Unlawful employment practices.-
227     (1)  It is an unlawful employment practice for an employer:
228     (a)  To discharge or to fail or refuse to hire any
229individual, or otherwise to discriminate against any individual
230with respect to compensation, terms, conditions, or privileges
231of employment, because of such individual's race, color,
232religion, sex, national origin, age, disability, sexual
233orientation, gender identity or expression handicap, or marital
234status.
235     (b)  To limit, segregate, or classify employees or
236applicants for employment in any way which would deprive or tend
237to deprive any individual of employment opportunities, or
238adversely affect any individual's status as an employee, because
239of such individual's race, color, religion, sex, national
240origin, age, disability, sexual orientation, gender identity or
241expression handicap, or marital status.
242     (2)  It is an unlawful employment practice for an
243employment agency to fail or refuse to refer for employment, or
244otherwise to discriminate against, any individual because of
245race, color, religion, sex, national origin, age, disability,
246sexual orientation, gender identity or expression handicap, or
247marital status or to classify or refer for employment any
248individual on the basis of race, color, religion, sex, national
249origin, age, disability, sexual orientation, gender identity or
250expression handicap, or marital status.
251     (3)  It is an unlawful employment practice for a labor
252organization:
253     (a)  To exclude or to expel from its membership, or
254otherwise to discriminate against, any individual because of
255race, color, religion, sex, national origin, age, disability,
256sexual orientation, gender identity or expression handicap, or
257marital status.
258     (b)  To limit, segregate, or classify its membership or
259applicants for membership, or to classify or fail or refuse to
260refer for employment any individual, in any way which would
261deprive or tend to deprive any individual of employment
262opportunities, or adversely affect any individual's status as an
263employee or as an applicant for employment, because of such
264individual's race, color, religion, sex, national origin, age,
265disability, sexual orientation, gender identity or expression
266handicap, or marital status.
267     (4)  It is an unlawful employment practice for any
268employer, labor organization, or joint labor-management
269committee controlling apprenticeship or other training or
270retraining, including on-the-job training programs, to
271discriminate against any individual because of race, color,
272religion, sex, national origin, age, disability, sexual
273orientation, gender identity or expression handicap, or marital
274status in admission to, or employment in, any program
275established to provide apprenticeship or other training.
276     (5)  Whenever, in order to engage in a profession,
277occupation, or trade, it is required that a person receive a
278license, certification, or other credential, become a member or
279an associate of any club, association, or other organization, or
280pass any examination, it is an unlawful employment practice for
281any person to discriminate against any other person seeking such
282license, certification, or other credential, seeking to become a
283member or associate of such club, association, or other
284organization, or seeking to take or pass such examination,
285because of such other person's race, color, religion, sex,
286national origin, age, disability, sexual orientation, gender
287identity or expression handicap, or marital status.
288     (6)  It is an unlawful employment practice for an employer,
289labor organization, employment agency, or joint labor-management
290committee to print, or cause to be printed or published, any
291notice or advertisement relating to employment, membership,
292classification, referral for employment, or apprenticeship or
293other training, indicating any preference, limitation,
294specification, or discrimination, based on race, color,
295religion, sex, national origin, age, absence of disability,
296sexual orientation, gender identity or expression handicap, or
297marital status.
298     (8)  Notwithstanding any other provision of this section,
299it is not an unlawful employment practice under ss. 760.01-
300760.10 for an employer, employment agency, labor organization,
301or joint labor-management committee to:
302     (a)  Take or fail to take any action on the basis of
303religion, sex, national origin, age, disability, sexual
304orientation, gender identity or expression handicap, or marital
305status in those certain instances in which religion, sex,
306national origin, age, absence of a particular disability, sexual
307orientation, gender identity or expression handicap, or marital
308status is a bona fide occupational qualification reasonably
309necessary for the performance of the particular employment to
310which such action or inaction is related.
311     Section 9.  Section 509.092, Florida Statutes, is amended
312to read:
313     509.092  Public lodging establishments and public food
314service establishments; rights as private enterprises.-Public
315lodging establishments and public food service establishments
316are private enterprises, and the operator has the right to
317refuse accommodations or service to any person who is
318objectionable or undesirable to the operator, but such refusal
319may not be based upon race, creed, color, sex, physical
320disability, sexual orientation, gender identity or expression,
321or national origin. A person aggrieved by a violation of this
322section or a violation of a rule adopted under this section has
323a right of action pursuant to s. 760.11.
324     Section 10.  Section 760.22, Florida Statutes, is amended
325to read:
326     760.22  Definitions.-As used in ss. 760.20-760.37, the
327term:
328     (1)  "Commission" means the Florida Commission on Human
329Relations.
330     (2)  "Covered multifamily dwelling" means:
331     (a)  A building that which consists of four or more units
332and has an elevator; or
333     (b)  The ground floor units of a building that which
334consists of four or more units and does not have an elevator.
335     (3)  "Disability" has the same meaning as provided in s.
336760.02.
337     (4)(3)  "Discriminatory housing practice" means an act that
338is unlawful under the terms of ss. 760.20-760.37.
339     (5)(4)  "Dwelling" means any building or structure, or
340portion thereof, which is occupied as, or designed or intended
341for occupancy as, a residence by one or more families, and any
342vacant land that which is offered for sale or lease for the
343construction or location on the land of any such building or
344structure, or portion thereof.
345     (6)(5)  "Familial status" is established when an individual
346who has not attained the age of 18 years is domiciled with:
347     (a)  A parent or other person having legal custody of such
348individual; or
349     (b)  A designee of a parent or other person having legal
350custody, with the written permission of such parent or other
351person.
352     (7)(6)  "Family" includes a single individual.
353     (8)  "Gender identity or expression" has the same meaning
354as provided in s. 760.02.
355     (9)  " Major life activities " has the same meaning as
356provided in s. 760.02.
357     (7)  "Handicap" means:
358     (a)  A person has a physical or mental impairment which
359substantially limits one or more major life activities, or he or
360she has a record of having, or is regarded as having, such
361physical or mental impairment; or
362     (b)  A person has a developmental disability as defined in
363s. 393.063.
364     (10)(8)  "Person" includes one or more individuals,
365corporations, partnerships, associations, labor organizations,
366legal representatives, mutual companies, joint-stock companies,
367trusts, unincorporated organizations, trustees, trustees in
368bankruptcy, receivers, and fiduciaries.
369     (11)  "Sexual orientation" has the same meaning as provided
370in s. 760.02.
371     (12)(9)  "Substantially equivalent" means an administrative
372subdivision of the State of Florida meeting the requirements of
37324 C.F.R. part 115, s. 115.6.
374     (13)  "Substantially limits" means to materially restrict
375an individual's ability.
376     (14)(10)  "To rent" includes to lease, to sublease, to let,
377and otherwise to grant for a consideration the right to occupy
378premises not owned by the occupant.
379     (15)  "Transitory or minor impairment" means any impairment
380having an actual, apparent, or expected duration of 6 months or
381less.
382     Section 11.  Section 760.225, Florida Statutes, is created
383to read:
384     760.225  Impairment.-For purposes of this part, an
385individual who has been subjected to an action prohibited under
386this chapter because of an actual or perceived physical or
387mental impairment, regardless of whether the impairment limits
388or is perceived to limit a major life activity, has an
389impairment. An impairment that limits one major life activity
390may be considered a disability; however, a transitory or minor
391impairment may not be considered a disability. An impairment
392that is episodic or in remission is considered a disability if
393it substantially limits at least one major life activity when
394the impairment is active or not in remission. The determination
395of whether an impairment substantially limits a major life
396activity must be made without regard to the ameliorative effects
397of mitigating measures, such as medication; medical supplies;
398equipment or appliances; low-vision devices, not including
399ordinary eyeglasses or contact lenses; prosthetics, including
400artificial limbs and devices, hearing aids and cochlear implants
401or other implantable hearing devices, and mobility devices;
402oxygen therapy equipment and supplies; use of assistive
403technology; reasonable accommodations or auxiliary aids or
404services, including qualified interpreters or other effective
405measures of making aurally delivered materials available to
406individuals with hearing impairments; qualified readers; taped
407texts or other effective methods of making visually delivered
408materials available to individuals with visual impairments;
409acquisition or modification of equipment and devices and other
410similar services and actions; or learned behavioral or adaptive
411neurological modifications.
412     Section 12.  Subsections (1), (2), (3), (4), (5), (7), and
413(8), paragraph (a) of subsection (9), and paragraphs (a) and (d)
414of subsection (10) of section 760.23, Florida Statutes, are
415amended to read:
416     760.23  Discrimination in the sale or rental of housing and
417other prohibited practices.-
418     (1)  It is unlawful to refuse to sell or rent after the
419making of a bona fide offer, to refuse to negotiate for the sale
420or rental of, or otherwise to make unavailable or deny a
421dwelling to any person because of race, color, national origin,
422sex, disability, sexual orientation, gender identity or
423expression handicap, familial status, or religion.
424     (2)  It is unlawful to discriminate against any person in
425the terms, conditions, or privileges of sale or rental of a
426dwelling, or in the provision of services or facilities in
427connection therewith, because of race, color, national origin,
428sex, disability, sexual orientation, gender identity or
429expression handicap, familial status, or religion.
430     (3)  It is unlawful to make, print, or publish, or cause to
431be made, printed, or published, any notice, statement, or
432advertisement with respect to the sale or rental of a dwelling
433that indicates any preference, limitation, or discrimination
434based on race, color, national origin, sex, disability, sexual
435orientation, gender identity or expression handicap, familial
436status, or religion or an intention to make any such preference,
437limitation, or discrimination.
438     (4)  It is unlawful to represent to any person because of
439race, color, national origin, sex, disability, sexual
440orientation, gender identity or expression handicap, familial
441status, or religion that any dwelling is not available for
442inspection, sale, or rental when such dwelling is in fact so
443available.
444     (5)  It is unlawful, for profit, to induce or attempt to
445induce any person to sell or rent any dwelling by a
446representation regarding the entry or prospective entry into the
447neighborhood of a person or persons of a particular race, color,
448national origin, sex, disability, sexual orientation, gender
449identity or expression handicap, familial status, or religion.
450     (7)  It is unlawful to discriminate in the sale or rental
451of, or to otherwise make unavailable or deny, a dwelling to any
452buyer or renter because of a disability handicap of:
453     (a)  That buyer or renter;
454     (b)  A person residing in or intending to reside in that
455dwelling after it is sold, rented, or made available; or
456     (c)  Any person associated with the buyer or renter.
457     (8)  It is unlawful to discriminate against any person in
458the terms, conditions, or privileges of sale or rental of a
459dwelling, or in the provision of services or facilities in
460connection with such dwelling, because of a disability handicap
461of:
462     (a)  That buyer or renter;
463     (b)  A person residing in or intending to reside in that
464dwelling after it is sold, rented, or made available; or
465     (c)  Any person associated with the buyer or renter.
466     (9)  For purposes of subsections (7) and (8),
467discrimination includes:
468     (a)  A refusal to permit, at the expense of the handicapped
469person who has a disability, reasonable modifications of
470existing premises occupied or to be occupied by such person if
471such modifications may be necessary to afford such person full
472enjoyment of the premises; or
473     (10)  Covered multifamily dwellings as defined herein that
474which are intended for first occupancy after March 13, 1991,
475shall be designed and constructed to have at least one building
476entrance on an accessible route unless it is impractical to do
477so because of the terrain or unusual characteristics of the site
478as determined by commission rule. Such buildings shall also be
479designed and constructed in such a manner that:
480     (a)  The public use and common use portions of such
481dwellings are readily accessible to and usable by handicapped
482persons who have disabilities.
483     (d)  Compliance with the appropriate requirements of the
484American National Standards Institute for buildings and
485facilities providing accessibility and usability for physically
486handicapped people who have physical disabilities, commonly
487cited as ANSI A117.1-1986, suffices to satisfy the requirements
488of paragraph (c).
489
490State agencies with building construction regulation
491responsibility or local governments, as appropriate, shall
492review the plans and specifications for the construction of
493covered multifamily dwellings to determine consistency with the
494requirements of this subsection.
495     Section 13.  Section 760.24, Florida Statutes, is amended
496to read:
497     760.24  Discrimination in the provision of brokerage
498services.-It is unlawful to deny any person access to, or
499membership or participation in, any multiple-listing service,
500real estate brokers' organization, or other service,
501organization, or facility relating to the business of selling or
502renting dwellings, or to discriminate against him or her in the
503terms or conditions of such access, membership, or
504participation, on account of race, color, national origin, sex,
505disability, sexual orientation, gender identity or expression
506handicap, familial status, or religion.
507     Section 14.  Subsection (1) and paragraph (a) of subsection
508(2) of section 760.25, Florida Statutes, are amended to read:
509     760.25  Discrimination in the financing of housing or in
510residential real estate transactions.-
511     (1)  It is unlawful for any bank, building and loan
512association, insurance company, or other corporation,
513association, firm, or enterprise the business of which consists
514in whole or in part of the making of commercial real estate
515loans to deny a loan or other financial assistance to a person
516applying for the loan for the purpose of purchasing,
517constructing, improving, repairing, or maintaining a dwelling,
518or to discriminate against him or her in the fixing of the
519amount, interest rate, duration, or other term or condition of
520such loan or other financial assistance, because of the race,
521color, national origin, sex, disability, sexual orientation,
522gender identity or expression handicap, familial status, or
523religion of such person or of any person associated with him or
524her in connection with such loan or other financial assistance
525or the purposes of such loan or other financial assistance, or
526because of the race, color, national origin, sex, disability,
527sexual orientation, gender identity or expression handicap,
528familial status, or religion of the present or prospective
529owners, lessees, tenants, or occupants of the dwelling or
530dwellings in relation to which such loan or other financial
531assistance is to be made or given.
532     (2)(a)  It is unlawful for any person or entity whose
533business includes engaging in residential real estate
534transactions to discriminate against any person in making
535available such a transaction, or in the terms or conditions of
536such a transaction, because of race, color, national origin,
537sex, disability, sexual orientation, gender identity or
538expression handicap, familial status, or religion.
539     Section 15.  Section 760.26, Florida Statutes, is amended
540to read:
541     760.26  Prohibited discrimination in land use decisions and
542in permitting of development.-It is unlawful to discriminate in
543land use decisions or in the permitting of development based on
544race, color, national origin, sex, sexual orientation, gender
545identity or expression, disability, familial status, religion,
546or, except as otherwise provided by law, the source of financing
547of a development or proposed development.
548     Section 16.  Paragraph (a) of subsection (5) of section
549760.29, Florida Statutes, is amended to read:
550     760.29  Exemptions.-
551     (5)  Nothing in ss. 760.20-760.37:
552     (a)  Prohibits a person engaged in the business of
553furnishing appraisals of real property from taking into
554consideration factors other than race, color, national origin,
555sex, disability, sexual orientation, gender identity or
556expression handicap, familial status, or religion.
557     Section 17.  Subsection (5) of section 760.31, Florida
558Statutes, is amended to read:
559     760.31  Powers and duties of commission.-The commission
560shall:
561     (5)  Adopt rules necessary to implement ss. 760.20-760.37
562and govern the proceedings of the commission in accordance with
563chapter 120. Commission rules shall clarify terms used with
564regard to handicapped accessibility for persons with
565disabilities, exceptions from accessibility requirements based
566on terrain or site characteristics, and requirements related to
567housing for older persons. Commission rules shall specify the
568fee and the forms and procedures to be used for the registration
569required by s. 760.29(4)(e).
570     Section 18.  Subsection (2) of section 760.50, Florida
571Statutes, is amended to read:
572     760.50  Discrimination on the basis of AIDS, AIDS-related
573complex, and HIV prohibited.-
574     (2)  Any person with or perceived as having acquired immune
575deficiency syndrome, acquired immune deficiency syndrome related
576complex, or human immunodeficiency virus shall have every
577protection made available to handicapped persons with
578disabilities.
579     Section 19.  Subsection (1) of section 760.60, Florida
580Statutes, is amended to read:
581     760.60  Discriminatory practices of certain clubs
582prohibited; remedies.-
583     (1)  It is unlawful for a person to discriminate against
584any individual because of race, color, religion, gender,
585national origin, disability, sexual orientation, gender identity
586or expression handicap, age above the age of 21, or marital
587status in evaluating an application for membership in a club
588that has more than 400 members, that provides regular meal
589service, and that regularly receives payment for dues, fees, use
590of space, facilities, services, meals, or beverages directly or
591indirectly from nonmembers for business purposes. It is unlawful
592for a person, on behalf of such a club, to publish, circulate,
593issue, display, post, or mail any advertisement, notice, or
594solicitation that contains a statement to the effect that the
595accommodations, advantages, facilities, membership, or
596privileges of the club are denied to any individual because of
597race, color, religion, gender, national origin, disability,
598sexual orientation, gender identity or expression handicap, age
599above the age of 21, or marital status. This subsection does not
600apply to fraternal or benevolent organizations, ethnic clubs, or
601religious organizations where business activity is not
602prevalent.
603     Section 20.  Paragraph (d) of subsection (1) of section
604419.001, Florida Statutes, is amended to read:
605     419.001  Site selection of community residential homes.-
606     (1)  For the purposes of this section, the following
607definitions shall apply:
608     (d)  "Resident" means any of the following: a frail elder
609as defined in s. 429.65; a physically disabled or handicapped
610person with a physical disability as defined in s.
611760.22(3)(7)(a); a developmentally disabled person as defined in
612s. 393.063; a nondangerous mentally ill person as defined in s.
613394.455(18); or a child who is found to be dependent as defined
614in s. 39.01 or s. 984.03, or a child in need of services as
615defined in s. 984.03 or s. 985.03.
616     Section 21.  This act shall take effect July 1, 2010.


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