October 23, 2019
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       Florida Senate - 2010                                     SB 798
       
       
       
       By Senator Gelber
       
       
       
       
       35-00652A-10                                           2010798__
    1                        A bill to be entitled                      
    2         An act relating to prohibited discrimination;
    3         providing a short title; amending s. 760.01, F.S.;
    4         revising provisions to include sexual orientation and
    5         gender identity or expression as impermissible grounds
    6         for discrimination; conforming terminology; amending
    7         s. 760.02, F.S.; defining additional terms; creating
    8         s. 760.025, F.S.; specifying when an individual has an
    9         impairment for certain purposes; amending ss. 760.05,
   10         760.07, 760.08, and 760.10, F.S.; revising provisions
   11         to include sexual orientation and gender identity or
   12         expression as impermissible grounds for
   13         discrimination; conforming terminology; amending s.
   14         509.092, F.S.; revising provisions to include sexual
   15         orientation and gender identity or expression as
   16         impermissible grounds for discrimination in public
   17         lodging establishments and public food service
   18         establishments; amending s. 760.22, F.S.; defining
   19         additional terms; deleting the definition of the term
   20         “handicap”; creating s. 760.225, F.S.; specifying when
   21         an individual has an impairment for certain purposes;
   22         amending ss. 760.23, 760.24, 760.25, 760.26, and
   23         760.29, F.S.; revising provisions to include sexual
   24         orientation and gender identity or expression as
   25         impermissible grounds for discrimination; conforming
   26         terminology; amending ss. 760.31 and 760.50, F.S.;
   27         conforming terminology; amending s. 760.60, F.S.;
   28         revising provisions to include sexual orientation and
   29         gender identity or expression as impermissible grounds
   30         for discrimination; conforming terminology; amending
   31         s. 419.001, F.S.; conforming a cross-reference;
   32         providing an effective date.
   33  
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. This act may be cited as the “Competitive
   37  Workforce Act.”
   38         Section 2. Subsection (2) of section 760.01, Florida
   39  Statutes, is amended to read:
   40         760.01 Purposes; construction; title.—
   41         (2) The general purposes of the Florida Civil Rights Act of
   42  1992 are to secure for all individuals within the state freedom
   43  from discrimination because of race, color, religion, sex,
   44  national origin, age, disability, sexual orientation, gender
   45  identity or expression handicap, or marital status and thereby
   46  to protect their interest in personal dignity, to make available
   47  to the state their full productive capacities, to secure the
   48  state against domestic strife and unrest, to preserve the public
   49  safety, health, and general welfare, and to promote the
   50  interests, rights, and privileges of individuals within the
   51  state.
   52         Section 3. Section 760.02, Florida Statutes, is amended to
   53  read:
   54         760.02 Definitions.—For the purposes of ss. 760.01-760.11
   55  and 509.092, the term:
   56         (1) “Aggrieved person” means any person who files a
   57  complaint with the Florida Commission on Human Relations
   58  “Florida Civil Rights Act of 1992” means ss. 760.01-760.11 and
   59  509.092.
   60         (2) “Commission” means the Florida Commission on Human
   61  Relations created by s. 760.03.
   62         (3) “Commissioner” or “member” means a member of the
   63  commission.
   64         (4) “Disability” means:
   65         (a) A physical or mental impairment that substantially
   66  limits one or more of the major life activities of the
   67  individual;
   68         (b) A record of such impairment;
   69         (c) Being regarded as having such an impairment; or
   70         (d) Having a developmental disability as defined in s.
   71  393.063.
   72         (5)(4) “Discriminatory practice” means any practice made
   73  unlawful by the Florida Civil Rights Act of 1992.
   74         (6) “Employer” means any person employing 15 or more
   75  employees for each working day in each of 20 or more calendar
   76  weeks in the current or preceding calendar year, and any agent
   77  of such a person.
   78         (7) “Employment agency” means any person regularly
   79  undertaking, with or without compensation, to procure employees
   80  for an employer or to procure for employees opportunities to
   81  work for an employer, and includes an agent of such a person.
   82         (8) “Florida Civil Rights Act of 1992” means ss. 760.01
   83  760.11 and 509.092.
   84         (9) “Gender identity or expression” means a gender-related
   85  identity, appearance, expression, or behavior of an individual,
   86  regardless of the individual’s assigned sex at birth.
   87         (10) “Labor organization” means any organization that
   88  exists for the purpose, in whole or in part, of collective
   89  bargaining or of dealing with employers concerning grievances,
   90  terms or conditions of employment, or other mutual aid or
   91  protection in connection with employment.
   92         (11) “Major life activities” includes, but is not limited
   93  to:
   94         (a) Caring for oneself, performing manual tasks, and
   95  functioning in a workplace environment.
   96         (b) Major bodily functions, including, but not limited to,
   97  visual, auditory, aural, and cognitive functions; functions of
   98  the immune, digestive, neurological, respiratory, circulatory,
   99  endocrine, and reproductive systems; normal cell growth; and
  100  functions of the bowel, bladder, and brain.
  101         (12)(5) “National origin” includes ancestry.
  102         (13)(6) “Person” includes an individual, association,
  103  corporation, joint apprenticeship committee, joint-stock
  104  company, labor union, legal representative, mutual company,
  105  partnership, receiver, trust, trustee in bankruptcy, or
  106  unincorporated organization; any other legal or commercial
  107  entity; the state; or any governmental entity or agency.
  108         (7) “Employer” means any person employing 15 or more
  109  employees for each working day in each of 20 or more calendar
  110  weeks in the current or preceding calendar year, and any agent
  111  of such a person.
  112         (8) “Employment agency” means any person regularly
  113  undertaking, with or without compensation, to procure employees
  114  for an employer or to procure for employees opportunities to
  115  work for an employer, and includes an agent of such a person.
  116         (9) “Labor organization” means any organization which
  117  exists for the purpose, in whole or in part, of collective
  118  bargaining or of dealing with employers concerning grievances,
  119  terms or conditions of employment, or other mutual aid or
  120  protection in connection with employment.
  121         (10) “Aggrieved person” means any person who files a
  122  complaint with the Human Relations Commission.
  123         (14)(11) “Public accommodations” means places of public
  124  accommodation, lodgings, facilities principally engaged in
  125  selling food for consumption on the premises, gasoline stations,
  126  places of exhibition or entertainment, and other covered
  127  establishments. Each of the following establishments which
  128  serves the public is a place of public accommodation within the
  129  meaning of this section:
  130         (a) Any inn, hotel, motel, or other establishment that
  131  which provides lodging to transient guests, other than an
  132  establishment located within a building that which contains not
  133  more than four rooms for rent or hire and that which is actually
  134  occupied by the proprietor of such establishment as his or her
  135  residence.
  136         (b) Any restaurant, cafeteria, lunchroom, lunch counter,
  137  soda fountain, or other facility principally engaged in selling
  138  food for consumption on the premises, including, but not limited
  139  to, any such facility located on the premises of any retail
  140  establishment, or any gasoline station.
  141         (c) Any motion picture theater, theater, concert hall,
  142  sports arena, stadium, or other place of exhibition or
  143  entertainment.
  144         (d) Any establishment that which is physically located
  145  within the premises of any establishment otherwise covered by
  146  this subsection, or within the premises of which is physically
  147  located any such covered establishment, and which holds itself
  148  out as serving patrons of such covered establishment.
  149         (15) “Sexual orientation” means an individual’s actual or
  150  perceived heterosexuality, homosexuality, or bisexuality.
  151         Section 4. Section 760.025, Florida Statutes, is created to
  152  read:
  153         760.025 Impairment.—For purposes of this part, an
  154  individual who has been subjected to an action prohibited under
  155  this chapter because of an actual or perceived physical or
  156  mental impairment, regardless of whether the impairment limits
  157  or is perceived to limit a major life activity, has an
  158  impairment. An impairment that limits one major life activity
  159  may be considered a disability; however, a transitory or minor
  160  impairment may not be considered a disability. An impairment
  161  that is episodic or in remission is considered to be a
  162  disability if it substantially limits at least one major life
  163  activity when the impairment is active or not in remission. The
  164  determination of whether an impairment substantially limits at
  165  least one major life activity must be made without regard to the
  166  ameliorative effects of mitigating measures, such as medication;
  167  medical supplies; equipment or appliances; low-vision devices,
  168  not including ordinary eyeglasses or contact lenses;
  169  prosthetics, including artificial limbs and devices, hearing
  170  aids and cochlear implants or other implantable hearing devices,
  171  and mobility devices; oxygen therapy equipment and supplies; use
  172  of assistive technology; reasonable accommodations or auxiliary
  173  aids or services, including qualified interpreters or other
  174  effective measures of making aurally delivered materials
  175  available to individuals with hearing impairments; qualified
  176  readers; taped texts or other effective methods of making
  177  visually delivered materials available to individuals with
  178  visual impairments; acquisition or modification of equipment and
  179  devices and other similar services and actions; or learned
  180  behavioral or adaptive neurological modifications.
  181         Section 5. Section 760.05, Florida Statutes, is amended to
  182  read:
  183         760.05 Functions of the commission.—The commission shall
  184  promote and encourage fair treatment and equal opportunity for
  185  all persons regardless of race, color, religion, sex, national
  186  origin, age, disability, sexual orientation, gender identity or
  187  expression handicap, or marital status and mutual understanding
  188  and respect among all members of society all economic, social,
  189  racial, religious, and ethnic groups; and the commission shall
  190  endeavor to eliminate discrimination against, and antagonism
  191  between, persons on the basis of race, color, religion, sex,
  192  national origin, age, disability, sexual orientation, gender
  193  identity or expression, or marital status religious, racial, and
  194  ethnic groups and their members.
  195         Section 6. Section 760.07, Florida Statutes, is amended to
  196  read:
  197         760.07 Remedies for unlawful discrimination.—Any violation
  198  of any Florida statute making unlawful discrimination because of
  199  race, color, religion, gender, national origin, age, disability,
  200  sexual orientation, gender identity or expression handicap, or
  201  marital status in the areas of education, employment, housing,
  202  or public accommodations gives rise to a cause of action for all
  203  relief and damages described in s. 760.11(5), unless greater
  204  damages are expressly provided for. If the statute prohibiting
  205  unlawful discrimination provides an administrative remedy, the
  206  action for equitable relief and damages provided for in this
  207  section may be initiated only after the plaintiff has exhausted
  208  his or her administrative remedy. The term “public
  209  accommodations” does not include lodge halls or other similar
  210  facilities of private organizations which are made available for
  211  public use occasionally or periodically. The right to trial by
  212  jury is preserved in any case in which the plaintiff is seeking
  213  actual or punitive damages.
  214         Section 7. Section 760.08, Florida Statutes, is amended to
  215  read:
  216         760.08 Discrimination in places of public accommodation.
  217  All persons shall be entitled to the full and equal enjoyment of
  218  the goods, services, facilities, privileges, advantages, and
  219  accommodations of any place of public accommodation, as defined
  220  in this chapter, without discrimination or segregation on the
  221  ground of race, color, national origin, sex, disability, sexual
  222  orientation, gender identity or expression handicap, familial
  223  status, or religion.
  224         Section 8. Subsections (1) and (2), paragraphs (a) and (b)
  225  of subsection (3), subsections (4), (5), and (6), and paragraph
  226  (a) of subsection (8) of section 760.10, Florida Statutes, are
  227  amended to read:
  228         760.10 Unlawful employment practices.—
  229         (1) It is an unlawful employment practice for an employer:
  230         (a) To discharge or to fail or refuse to hire any
  231  individual, or otherwise to discriminate against any individual
  232  with respect to compensation, terms, conditions, or privileges
  233  of employment, because of such individual’s race, color,
  234  religion, sex, national origin, age, disability, sexual
  235  orientation, gender identity or expression handicap, or marital
  236  status.
  237         (b) To limit, segregate, or classify employees or
  238  applicants for employment in any way which would deprive or tend
  239  to deprive any individual of employment opportunities, or
  240  adversely affect any individual’s status as an employee, because
  241  of such individual’s race, color, religion, sex, national
  242  origin, age, disability, sexual orientation, gender identity or
  243  expression handicap, or marital status.
  244         (2) It is an unlawful employment practice for an employment
  245  agency to fail or refuse to refer for employment, or otherwise
  246  to discriminate against, any individual because of race, color,
  247  religion, sex, national origin, age, disability, sexual
  248  orientation, gender identity or expression handicap, or marital
  249  status or to classify or refer for employment any individual on
  250  the basis of race, color, religion, sex, national origin, age,
  251  disability, sexual orientation, gender identity or expression
  252  handicap, or marital status.
  253         (3) It is an unlawful employment practice for a labor
  254  organization:
  255         (a) To exclude or to expel from its membership, or
  256  otherwise to discriminate against, any individual because of
  257  race, color, religion, sex, national origin, age, disability,
  258  sexual orientation, gender identity or expression handicap, or
  259  marital status.
  260         (b) To limit, segregate, or classify its membership or
  261  applicants for membership, or to classify or fail or refuse to
  262  refer for employment any individual, in any way which would
  263  deprive or tend to deprive any individual of employment
  264  opportunities, or adversely affect any individual’s status as an
  265  employee or as an applicant for employment, because of such
  266  individual’s race, color, religion, sex, national origin, age,
  267  disability, sexual orientation, gender identity or expression
  268  handicap, or marital status.
  269         (4) It is an unlawful employment practice for any employer,
  270  labor organization, or joint labor-management committee
  271  controlling apprenticeship or other training or retraining,
  272  including on-the-job training programs, to discriminate against
  273  any individual because of race, color, religion, sex, national
  274  origin, age, disability, sexual orientation, gender identity or
  275  expression handicap, or marital status in admission to, or
  276  employment in, any program established to provide apprenticeship
  277  or other training.
  278         (5) Whenever, in order to engage in a profession,
  279  occupation, or trade, it is required that a person receive a
  280  license, certification, or other credential, become a member or
  281  an associate of any club, association, or other organization, or
  282  pass any examination, it is an unlawful employment practice for
  283  any person to discriminate against any other person seeking such
  284  license, certification, or other credential, seeking to become a
  285  member or associate of such club, association, or other
  286  organization, or seeking to take or pass such examination,
  287  because of such other person’s race, color, religion, sex,
  288  national origin, age, disability, sexual orientation, gender
  289  identity or expression handicap, or marital status.
  290         (6) It is an unlawful employment practice for an employer,
  291  labor organization, employment agency, or joint labor-management
  292  committee to print, or cause to be printed or published, any
  293  notice or advertisement relating to employment, membership,
  294  classification, referral for employment, or apprenticeship or
  295  other training, indicating any preference, limitation,
  296  specification, or discrimination, based on race, color,
  297  religion, sex, national origin, age, absence of disability,
  298  sexual orientation, gender identity or expression handicap, or
  299  marital status.
  300         (8) Notwithstanding any other provision of this section, it
  301  is not an unlawful employment practice under ss. 760.01-760.10
  302  for an employer, employment agency, labor organization, or joint
  303  labor-management committee to:
  304         (a) Take or fail to take any action on the basis of
  305  religion, sex, national origin, age, disability, sexual
  306  orientation, gender identity or expression handicap, or marital
  307  status in those certain instances in which religion, sex,
  308  national origin, age, absence of a particular disability, sexual
  309  orientation, gender identity or expression handicap, or marital
  310  status is a bona fide occupational qualification reasonably
  311  necessary for the performance of the particular employment to
  312  which such action or inaction is related.
  313         Section 9. Section 509.092, Florida Statutes, is amended to
  314  read:
  315         509.092 Public lodging establishments and public food
  316  service establishments; rights as private enterprises.—Public
  317  lodging establishments and public food service establishments
  318  are private enterprises, and the operator has the right to
  319  refuse accommodations or service to any person who is
  320  objectionable or undesirable to the operator, but such refusal
  321  may not be based upon race, creed, color, sex, physical
  322  disability, sexual orientation, gender identity or expression,
  323  or national origin. A person aggrieved by a violation of this
  324  section or a violation of a rule adopted under this section has
  325  a right of action pursuant to s. 760.11.
  326         Section 10. Section 760.22, Florida Statutes, is amended to
  327  read:
  328         760.22 Definitions.—As used in ss. 760.20-760.37, the term:
  329         (1) “Commission” means the Florida Commission on Human
  330  Relations.
  331         (2) “Covered multifamily dwelling” means:
  332         (a) A building that which consists of four or more units
  333  and has an elevator; or
  334         (b) The ground floor units of a building that which
  335  consists of four or more units and does not have an elevator.
  336         (3) “Disability” has the same meaning as provided in s.
  337  760.02.
  338         (4)(3) “Discriminatory housing practice” means an act that
  339  is unlawful under the terms of ss. 760.20-760.37.
  340         (5)(4) “Dwelling” means any building or structure, or
  341  portion thereof, which is occupied as, or designed or intended
  342  for occupancy as, a residence by one or more families, and any
  343  vacant land that which is offered for sale or lease for the
  344  construction or location on the land of any such building or
  345  structure, or portion thereof.
  346         (6)(5) “Familial status” is established when an individual
  347  who has not attained the age of 18 years is domiciled with:
  348         (a) A parent or other person having legal custody of such
  349  individual; or
  350         (b) A designee of a parent or other person having legal
  351  custody, with the written permission of such parent or other
  352  person.
  353         (7)(6) “Family” includes a single individual.
  354         (8) “Gender identity or expression” has the same meaning as
  355  provided in s. 760.02.
  356         (9) “ Major life activities “ has the same meaning as
  357  provided in s. 760.02.
  358         (7) “Handicap” means:
  359         (a) A person has a physical or mental impairment which
  360  substantially limits one or more major life activities, or he or
  361  she has a record of having, or is regarded as having, such
  362  physical or mental impairment; or
  363         (b) A person has a developmental disability as defined in
  364  s. 393.063.
  365         (10)(8) “Person” includes one or more individuals,
  366  corporations, partnerships, associations, labor organizations,
  367  legal representatives, mutual companies, joint-stock companies,
  368  trusts, unincorporated organizations, trustees, trustees in
  369  bankruptcy, receivers, and fiduciaries.
  370         (11) “Sexual orientation” has the same meaning as provided
  371  in s. 760.02.
  372         (12)(9) “Substantially equivalent” means an administrative
  373  subdivision of the State of Florida meeting the requirements of
  374  24 C.F.R. part 115, s. 115.6.
  375         (13) “Substantially limits” means to materially restrict an
  376  individual’s ability.
  377         (14)(10) “To rent” includes to lease, to sublease, to let,
  378  and otherwise to grant for a consideration the right to occupy
  379  premises not owned by the occupant.
  380         (15) “Transitory or minor impairment” means any impairment
  381  having an actual, apparent, or expected duration of 6 months or
  382  less.
  383         Section 11. Section 760.225, Florida Statutes, is created
  384  to read:
  385         760.225 Impairment.—For purposes of this part, an
  386  individual who has been subjected to an action prohibited under
  387  this chapter because of an actual or perceived physical or
  388  mental impairment, regardless of whether the impairment limits
  389  or is perceived to limit a major life activity, has an
  390  impairment. An impairment that limits one major life activity
  391  may be considered a disability; however, a transitory or minor
  392  impairment may not be considered a disability. An impairment
  393  that is episodic or in remission is considered a disability if
  394  it substantially limits at least one major life activity when
  395  the impairment is active or not in remission. The determination
  396  of whether an impairment substantially limits a major life
  397  activity must be made without regard to the ameliorative effects
  398  of mitigating measures, such as medication; medical supplies;
  399  equipment or appliances; low-vision devices, not including
  400  ordinary eyeglasses or contact lenses; prosthetics, including
  401  artificial limbs and devices, hearing aids and cochlear implants
  402  or other implantable hearing devices, and mobility devices;
  403  oxygen therapy equipment and supplies; use of assistive
  404  technology; reasonable accommodations or auxiliary aids or
  405  services, including qualified interpreters or other effective
  406  measures of making aurally delivered materials available to
  407  individuals with hearing impairments; qualified readers; taped
  408  texts or other effective methods of making visually delivered
  409  materials available to individuals with visual impairments;
  410  acquisition or modification of equipment and devices and other
  411  similar services and actions; or learned behavioral or adaptive
  412  neurological modifications.
  413         Section 12. Subsections (1), (2), (3), (4), (5), (7), and
  414  (8), paragraph (a) of subsection (9), and paragraphs (a) and (d)
  415  of subsection (10) of section 760.23, Florida Statutes, are
  416  amended to read:
  417         760.23 Discrimination in the sale or rental of housing and
  418  other prohibited practices.—
  419         (1) It is unlawful to refuse to sell or rent after the
  420  making of a bona fide offer, to refuse to negotiate for the sale
  421  or rental of, or otherwise to make unavailable or deny a
  422  dwelling to any person because of race, color, national origin,
  423  sex, disability, sexual orientation, gender identity or
  424  expression handicap, familial status, or religion.
  425         (2) It is unlawful to discriminate against any person in
  426  the terms, conditions, or privileges of sale or rental of a
  427  dwelling, or in the provision of services or facilities in
  428  connection therewith, because of race, color, national origin,
  429  sex, disability, sexual orientation, gender identity or
  430  expression handicap, familial status, or religion.
  431         (3) It is unlawful to make, print, or publish, or cause to
  432  be made, printed, or published, any notice, statement, or
  433  advertisement with respect to the sale or rental of a dwelling
  434  that indicates any preference, limitation, or discrimination
  435  based on race, color, national origin, sex, disability, sexual
  436  orientation, gender identity or expression handicap, familial
  437  status, or religion or an intention to make any such preference,
  438  limitation, or discrimination.
  439         (4) It is unlawful to represent to any person because of
  440  race, color, national origin, sex, disability, sexual
  441  orientation, gender identity or expression handicap, familial
  442  status, or religion that any dwelling is not available for
  443  inspection, sale, or rental when such dwelling is in fact so
  444  available.
  445         (5) It is unlawful, for profit, to induce or attempt to
  446  induce any person to sell or rent any dwelling by a
  447  representation regarding the entry or prospective entry into the
  448  neighborhood of a person or persons of a particular race, color,
  449  national origin, sex, disability, sexual orientation, gender
  450  identity or expression handicap, familial status, or religion.
  451         (7) It is unlawful to discriminate in the sale or rental
  452  of, or to otherwise make unavailable or deny, a dwelling to any
  453  buyer or renter because of a disability handicap of:
  454         (a) That buyer or renter;
  455         (b) A person residing in or intending to reside in that
  456  dwelling after it is sold, rented, or made available; or
  457         (c) Any person associated with the buyer or renter.
  458         (8) It is unlawful to discriminate against any person in
  459  the terms, conditions, or privileges of sale or rental of a
  460  dwelling, or in the provision of services or facilities in
  461  connection with such dwelling, because of a disability handicap
  462  of:
  463         (a) That buyer or renter;
  464         (b) A person residing in or intending to reside in that
  465  dwelling after it is sold, rented, or made available; or
  466         (c) Any person associated with the buyer or renter.
  467         (9) For purposes of subsections (7) and (8), discrimination
  468  includes:
  469         (a) A refusal to permit, at the expense of the handicapped
  470  person who has a disability, reasonable modifications of
  471  existing premises occupied or to be occupied by such person if
  472  such modifications may be necessary to afford such person full
  473  enjoyment of the premises; or
  474         (10) Covered multifamily dwellings as defined herein which
  475  are intended for first occupancy after March 13, 1991, shall be
  476  designed and constructed to have at least one building entrance
  477  on an accessible route unless it is impractical to do so because
  478  of the terrain or unusual characteristics of the site as
  479  determined by commission rule. Such buildings shall also be
  480  designed and constructed in such a manner that:
  481         (a) The public use and common use portions of such
  482  dwellings are readily accessible to and usable by handicapped
  483  persons who have disabilities.
  484         (d) Compliance with the appropriate requirements of the
  485  American National Standards Institute for buildings and
  486  facilities providing accessibility and usability for physically
  487  handicapped people who have physical disabilities, commonly
  488  cited as ANSI A117.1-1986, suffices to satisfy the requirements
  489  of paragraph (c).
  490  
  491  State agencies with building construction regulation
  492  responsibility or local governments, as appropriate, shall
  493  review the plans and specifications for the construction of
  494  covered multifamily dwellings to determine consistency with the
  495  requirements of this subsection.
  496         Section 13. Section 760.24, Florida Statutes, is amended to
  497  read:
  498         760.24 Discrimination in the provision of brokerage
  499  services.—It is unlawful to deny any person access to, or
  500  membership or participation in, any multiple-listing service,
  501  real estate brokers’ organization, or other service,
  502  organization, or facility relating to the business of selling or
  503  renting dwellings, or to discriminate against him or her in the
  504  terms or conditions of such access, membership, or
  505  participation, on account of race, color, national origin, sex,
  506  disability, sexual orientation, gender identity or expression
  507  handicap, familial status, or religion.
  508         Section 14. Subsection (1) and paragraph (a) of subsection
  509  (2) of section 760.25, Florida Statutes, are amended to read:
  510         760.25 Discrimination in the financing of housing or in
  511  residential real estate transactions.—
  512         (1) It is unlawful for any bank, building and loan
  513  association, insurance company, or other corporation,
  514  association, firm, or enterprise the business of which consists
  515  in whole or in part of the making of commercial real estate
  516  loans to deny a loan or other financial assistance to a person
  517  applying for the loan for the purpose of purchasing,
  518  constructing, improving, repairing, or maintaining a dwelling,
  519  or to discriminate against him or her in the fixing of the
  520  amount, interest rate, duration, or other term or condition of
  521  such loan or other financial assistance, because of the race,
  522  color, national origin, sex, disability, sexual orientation,
  523  gender identity or expression handicap, familial status, or
  524  religion of such person or of any person associated with him or
  525  her in connection with such loan or other financial assistance
  526  or the purposes of such loan or other financial assistance, or
  527  because of the race, color, national origin, sex, disability,
  528  sexual orientation, gender identity or expression handicap,
  529  familial status, or religion of the present or prospective
  530  owners, lessees, tenants, or occupants of the dwelling or
  531  dwellings in relation to which such loan or other financial
  532  assistance is to be made or given.
  533         (2)(a) It is unlawful for any person or entity whose
  534  business includes engaging in residential real estate
  535  transactions to discriminate against any person in making
  536  available such a transaction, or in the terms or conditions of
  537  such a transaction, because of race, color, national origin,
  538  sex, disability, sexual orientation, gender identity or
  539  expression handicap, familial status, or religion.
  540         Section 15. Section 760.26, Florida Statutes, is amended to
  541  read:
  542         760.26 Prohibited discrimination in land use decisions and
  543  in permitting of development.—It is unlawful to discriminate in
  544  land use decisions or in the permitting of development based on
  545  race, color, national origin, sex, sexual orientation, gender
  546  identity or expression, disability, familial status, religion,
  547  or, except as otherwise provided by law, the source of financing
  548  of a development or proposed development.
  549         Section 16. Paragraph (a) of subsection (5) of section
  550  760.29, Florida Statutes, is amended to read:
  551         760.29 Exemptions.—
  552         (5) Nothing in ss. 760.20-760.37:
  553         (a) Prohibits a person engaged in the business of
  554  furnishing appraisals of real property from taking into
  555  consideration factors other than race, color, national origin,
  556  sex, disability, sexual orientation, gender identity or
  557  expression handicap, familial status, or religion.
  558         Section 17. Subsection (5) of section 760.31, Florida
  559  Statutes, is amended to read:
  560         760.31 Powers and duties of commission.—The commission
  561  shall:
  562         (5) Adopt rules necessary to implement ss. 760.20-760.37
  563  and govern the proceedings of the commission in accordance with
  564  chapter 120. Commission rules shall clarify terms used with
  565  regard to handicapped accessibility for persons with
  566  disabilities, exceptions from accessibility requirements based
  567  on terrain or site characteristics, and requirements related to
  568  housing for older persons. Commission rules shall specify the
  569  fee and the forms and procedures to be used for the registration
  570  required by s. 760.29(4)(e).
  571         Section 18. Subsection (2) of section 760.50, Florida
  572  Statutes, is amended to read:
  573         760.50 Discrimination on the basis of AIDS, AIDS-related
  574  complex, and HIV prohibited.—
  575         (2) Any person with or perceived as having acquired immune
  576  deficiency syndrome, acquired immune deficiency syndrome related
  577  complex, or human immunodeficiency virus shall have every
  578  protection made available to handicapped persons with
  579  disabilities.
  580         Section 19. Subsection (1) of section 760.60, Florida
  581  Statutes, is amended to read:
  582         760.60 Discriminatory practices of certain clubs
  583  prohibited; remedies.—
  584         (1) It is unlawful for a person to discriminate against any
  585  individual because of race, color, religion, gender, national
  586  origin, disability, sexual orientation, gender identity or
  587  expression handicap, age above the age of 21, or marital status
  588  in evaluating an application for membership in a club that has
  589  more than 400 members, that provides regular meal service, and
  590  that regularly receives payment for dues, fees, use of space,
  591  facilities, services, meals, or beverages directly or indirectly
  592  from nonmembers for business purposes. It is unlawful for a
  593  person, on behalf of such a club, to publish, circulate, issue,
  594  display, post, or mail any advertisement, notice, or
  595  solicitation that contains a statement to the effect that the
  596  accommodations, advantages, facilities, membership, or
  597  privileges of the club are denied to any individual because of
  598  race, color, religion, gender, national origin, disability,
  599  sexual orientation, gender identity or expression handicap, age
  600  above the age of 21, or marital status. This subsection does not
  601  apply to fraternal or benevolent organizations, ethnic clubs, or
  602  religious organizations where business activity is not
  603  prevalent.
  604         Section 20. Paragraph (d) of subsection (1) of section
  605  419.001, Florida Statutes, is amended to read:
  606         419.001 Site selection of community residential homes.—
  607         (1) For the purposes of this section, the following
  608  definitions shall apply:
  609         (d) “Resident” means any of the following: a frail elder as
  610  defined in s. 429.65; a physically disabled or handicapped
  611  person with a physical disability as defined in s.
  612  760.22(3)(7)(a); a developmentally disabled person as defined in
  613  s. 393.063; a nondangerous mentally ill person as defined in s.
  614  394.455(18); or a child who is found to be dependent as defined
  615  in s. 39.01 or s. 984.03, or a child in need of services as
  616  defined in s. 984.03 or s. 985.03.
  617         Section 21. This act shall take effect July 1, 2010.

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