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Resolution 028-2016 Mayor Carruthers RESOLUTION NO. 028 - 2016 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA URGING THE FLORIDA LEGISLATURE TO ENACT HOUSE BILL 45 OR SENATE BILL 120, BOTH ENTITLED "THE FLORIDA COMPETITIVE WORKFORCE ACT', OR SIMILAR LEGISLATION, THAT WOULD PROHIBIT DISCRIMINATION IN FLORIDA ON THE BASIS OF SEXUAL ORIENTATION AND GENDER IDENTITY OR EXPRESSION. WHEREAS, House Bill 45 ("HB 45") and Senate Bill 120 ("SB 120"), both entitled "The Florida Competitive Workforce Act", have been filed for consideration during the Florida Legislature's 2016 session by Representative Holly Raschein (R— Monroe County) and Senator Joseph Abruzzo (D—Boynton Beach), respectively; and WHEREAS, HB 45 and SB 120 would amend the Florida Civil Rights Act and Fair Housing Act, codified at Chapter 760 of the Florida Statutes, to prohibit discrimination in employment, housing, and public accommodations on the basis of sexual orientation, and gender identity or expression, and WHEREAS, Monroe County prides itself on being a diverse and inclusive community and has demonstrated a long history of opposing discrimination on the basis of, among other things, sexual orientation and gender identity or expression (Ordinance No. 036-2001; Ordinance No. 008-2003; Ordinance No. 012-2010); and WHEREAS, a July 2013 poll conducted by The Tarrance Group, one of the most widely respected and successful Republican strategic research and polling firms in the nation, found that a) nearly all (93%) of those surveyed agreed that all hardworking people, including gays and lesbians, should be treated fairly and protected in the workplace; and b) three out of every four people surveyed thought it was already illegal to fire, refuse a business service, and refuse to rent an apartment or house to someone because they are gay, lesbian,bisexual or transgender; and WHEREAS, despite The Tarrance Group's poll sentiments, and the protections against discrimination afforded by Monroe County to the people who live and work here, Florida law currently does not offer such protections on a statewide level to lesbian, gay, bisexual, and transgender Floridians; and WHEREAS, because Florida law currently fails to prohibit discrimination statewide on the basis of sexual orientation and gender identity or expression, lesbian, gay, bisexual, and transgender Floridians who reside in counties with no local protections are vulnerable to, and without recourse against, such invidious discrimination; and Page 1 of 3 7 Mayor Carruthers WHEREAS, currently only ten (10) Florida counties, and approximately twenty (20) municipalities in the State, have passed measures prohibiting discrimination based on sexual orientation and gender identity or expression, leaving thousands of lesbian, gay, bisexual, and transgender Floridians without protection in the realms of employment, housing, and public accommodations; and WHEREAS, Rep. Holly Raschein, the sponsor of HB 45, stated her observation that in America "...[w]e were founded on the principles of liberty and freedom, and if you can't allow a person to work or live somewhere because of their sexual orientation, that's unacceptable...", and WHEREAS, in addition to ensuring basic fairness and equal treatment for all Floridians, legislation prohibiting discrimination on the basis of sexual orientation and gender identity or expression is increasingly seen as essential to attracting the best and brightest to Florida's workforce; and WHEREAS, Senator Joseph Abruzzo, the sponsor of SB 120, has explained that "...to remain economically competitive in a global marketplace, Florida must provide an environment that is welcoming to all..." and "...[r]ecruiting and retaining talent regardless of their sexual orientation or gender identity will only serve to enhance our reputation and augment our economic viability..."; and WHEREAS, similarly, Rep. Mike Miller (R—Winter Park) has observed that if enacted, "..[t]he Competitive Workforce Act will create a stronger workforce in Florida... " because "...[p]assing consistent standards across the state will guarantee we are able to draw on the creativity and expertise of all our residents in order to drive our state's business success.. "; and WHEREAS, 84 percent of the nation's largest companies —many of which do business in Florida — have adopted comprehensive anti-discrimination policies that offer protections to persons who are lesbian, gay, bisexual, or transgender precisely because it is good for business and helps them attract and recruit outstanding talent; and WHEREAS, The Florida Competitive Workforce Act is supported by the Florida Businesses for a Competitive Workforce (FBCW), a coalition comprised of thirty-four (34) large employers, including Fortune 500 companies, and more than 400 local businesses in Florida, such as: Carnival Corporation, Darden, Office Depot, Raymond James, Walt Disney World Resorts, Wells Fargo,and Winn-Dixie; and WHEREAS, a complete list of the companies and businesses across the State that have united to form the FBCW coalition and to promote and advocate for the passage of The Florida Competitive Workforce Act, is attached hereto; and Page 2 of 3 , Mayor Carruthers WHEREAS, some version of The Florida Competitive Workforce Act has been introduced in Tallahassee during every legislative session since 2010, but not until this legislative session, specifically February 8, 2016, received its first hearing before the Senate; and WHEREAS, •to ensure that all Floridians are protected against discrimination on the basis of sexual orientation and gender identity or expression and that Florida remains competitive in attracting the best and brightest workers and businesses to the State, it is imperative that the Legislature take action in the upcoming session to enact The Florida Competitive Workforce Act or similar legislation; and WHEREAS, the Monroe County Board of County Commissioners wishes to express its strong support for such legislation; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA the Board hereby: Section 1. Urges the Florida Legislature to enact SB 120 or HB 45, entitled "The "Florida Competitive Workforce Act", or similar legislation, that would prohibit discrimination in Florida on the basis of sexual orientation and gender identity or expression. U' ACZ --Section 2. Directs the Clerk to transmit certified copies of this resolution to the Governor, the House Speaker, Senate . President, Representative Holly Raschein and Senator G Joseph Abruzzo. ection 3. Directs the County's State Lobbyists to advocate for the enactment of the legislation described in Section 1. above, and authorizes and directs the Office of Intergovernmental Affairs to include this item in the 2016 State Legislative Package. PASSED AND ADOPTED by the Board of County Commissioners of Monroe Coung, Florida, at a regular meeting of said Board held on the 10th day of February, 2016. o r 3 Mayor Heather Carruthers Yes a 1 Mayor pro tern George Neugent Yes 8 Commissioner Danny L. Kolhage Yes o ►- Commissioner David Rice Yes Commissioner Sylvia Murphy Yes M •3�y 1 HEAVILIN, CLERK BOARD OF COUN Y COMMISSIONERS t=,{ �!,, OF MONROE CO 'I ► T OR oT4 4 4 1. _ � 1°0 Y� � SN1 B 9 ep ity Clerk Mayor eat Carruthers Page 3 of 3 • �r g0 " . ` ' CIIPPEIITIE IQEKFQBEE The Horida Competitive Workforce Act ISSUE: The Competitive Workforce Act is bi-partisan legislation that promotes fairness and. modernizes state law by banning anti-gay and gender-based discrimination.While it is illegal to discriminate in employment, housing and public accommodations based on race,color, religion, sex,national origin, age, handicap or maritalstatus,state law does not protect individuals from discrimination based on sexual orientation and gender identification. SUMMARY: Top employers in the state have united to form Florida Businesses for a Competitive Workforce, a 501c(4) coalition that aims to grow Florida's economy by attracting and retaining the best workers to the state with the promise Of equal opportunity employment. BACKGROUND: Recruiting and retaining talent is critical to the state's long-term business success, and coalition members understand that Florida employers must attract qualified and diverse applicants who reflect the diverse population of the state.The link between strong.anti- discrimination laws and the ability to draw the best and .the brightest is the reason that 84 percent of the nation's largest :companies have adopted comprehensive anti-discrimination policies that include sexual orientation and gender identity. A July 2013 poll conducted by The Tarrance Group found: • Nearly all (93 percent) of those surveyed agreed that all hardworking people, including gays and lesbians,should be treated fairly and protected in the workplace. • Three out of every four people surveyed thought it was already illegal to fire, refuse a business service, and refuse to rent an apartment or house to someone because they are gay,lesbian,bisexual and transgender. • More than half(56 percent)of those surveyed said they would be more likely to vote for a state legislator who voted "yes" in favor of adding sexual orientation and gender identity to Florida's anti-discrimination laws.Another 18 percent said they were unsure or it would not make a difference. A•March 2013 poll conducted by the Bob Graham Center for Public Service in collaboration with the University of Florida's Bureau of Economic and Business Research found: • Seventy-three(73)percent of the respondents support the Competitive Workforce Act. REQUEST: Members of the Florida,Businesses for a Competitive Workforce Coalition ask for your favorable support of the Competitive Workforce Act. For additional information, please visit our website at www.FLComoetitiveWorkforce.com, or contact Christina Johnson, coalition communications director,at(850)391-5040 or via email at Christina@On3PR.com. ATTACHMENT TO RESOLUTION NO. 028 — 2016 •. -.::tstro710,4,.,itw:,:: COMPETITIVE WORKFORCE COALITION MEMBERS Ak C-413iiiin Surnbercrb XAM-T-OALEIELDS ---- ri2mstr -Ainetrooreiloo - -, A'TT t)P f;=.1/2;-.3 1-. I A i7 JoRDEN BUtit '`I'F '" ,,,,i'''',7-1/4;• .:k r--!..'N FL-Oitillit .._ j DARDEN p Tech Dater- 0-1Pop ,ttie loVOrilil. i_k-ft.,. 4,\Q waRIANT .-g"tow- .Iires,iii . -4--- , .&mtioNG,i-.2-&,...,:-..i. .,..?: : : ; N:-L...:..- . - -'7-`.."'‘---''.-".'-'--,•-,,..".'V ()AorWso-giow.ficl.- ENERGY: 4.. 0 diaornott . HASKELL 1 :, _, •- 0 :It-por..otS: ,;,...i HSN - . • " " GRAMBtR ._ . ,. . A ffigiire 0 5.:' ,...:::.. Cl Bank . .4,:::,.• .. ,., •. . . .. .• .. . ...-.. . .c.fis• .. . ..., %...5vii u(,, .11f..1 ---f- Office DEPOT. RAYMOND ,. .„, lt.4' UNF JAmEs OfficeMaz. 11/1113ithil uNivEttPlrefir , :, : 110.1111 NORTH FLORIDA. r It •1 i 1 ,.. CORAL GABLES "IiManfinerfir lu { ifC;4::;11:•.:‘f''17.:r94?-ifr:C).'''...' CARNIVAL FloridaRealtors ' . '' ont.Amo i CORP 0 R A.I I 0 N&P 1. ' crrY \e)----:-.. .;•_-.1•71,4::/ IN Sil \-•Ceet _...._ . cr imi ram or a.w.im.r. cx -.--- - .•--: .4ie,- -6011 ke__,...---;,-1 cHAMOgit Viv' -' iwimr,„, . $.1:Yti.17+1 wm oloct.. __„inoa tilVEKti/ I A: nricf,tr Akerrnan $.4-:;•14..•••c,.,„4, :',';,.. . ii,..'.'18),•"ip.! !!!!Y... u• IN t.-t. • , .. . .- COEATER 141/041 5 11-iF.BEACHES z , -Int South Flar,tc4a Flippant° RinteGroni I 1= DvisoiiS HOTEL•ASSOCIATION! -4,i ,. Chambt?r•ot Corcutince q.1,; • • • _ ; ,, fin . COMPETITIVE WORKFORCE Marius Moore Photography Altamonte Springs Coconut Grove Holiday Brockman Insurance Group Pointe Group Advisors Moon Bay Glass. Ignacio Hidalgo MD PA Coral Gables Jacksonville • MaidPro Acqua Boutique frigersjax • Marc it.Sold t Anton Acero Beauty Studio S Points Antiques Meehle Law Art Room Inc AIDS Healthcare Foundation Plaza Property Services LLC Bloom All About Events Jacksonville LLC Saul Cornell Violins Catholic Law Students Assodation, Avondale United Methodist Church Bartow University of Miami Avondale Wealth Advisors Tine Jones Barbershop Coral Gables.Chamber of Commerce Baby's Close-Up 3D/4D Ultrasound Theater Bonita Springs Alicia Coral Gables Congregational Church Beer:3O Inc. Furniture Crulseport Destinations Birdies Five Points Bondi Blu Boutique Edgard°Borrelii Black Sheep Restaurant Bonita Springs Bead Shop Greenlife Organic Bistro Bobble G.O'Connor&Associates CA Custom Designs Hotel Chateau Bleau C.A.S.K. Contemporary Style Ma Young LLC Catering by Liz Grenamyer DaVincl Teeth Whitening Keeping the Books,Inc Chaniblin's Uptown Ecig La Bella Salon Character Counts!in Jacksonville Eric Allen Group,LLC. Pazareila Hair Design Boutique City Xtra Magazine 'Heavenly Vapor,LLC The Golden Triangle Corner Taco Little Boutique by Jeanne Transformation Dynamix Diversions Specialty Gift Store Power Mobile Dade City Down to Earth Farm Stingless Lady Sawmill Resort and Campground Droubi's Cafe and Sweets The Vintage Perfumista Deland East Coast Transfer LLC •Touched By An Angel Hollmann Mixed Media Eco Relics Young At Heart Fernandina Beach Edge City Brandon Music by Pegge LLC Fans&Stoves Antique Malt Out Staff Fleming island First Coast Multi-Lines Agency Cape Canaveral My Pepper Jelly First United Methodist Church Jacksonville Charles Haelaar Studio Vintage Furniture Paint Folio Weekly Crazy Cuz's Custom Creation Fort Lauderdale if True Solutions,LLC Euro Kale Coastal Preferred Properties Jacksonville Magazine Cape Coral Dickey Consulting Group Kane Business Solutions Backstreets Sports Bar H&H Jewels Kris Graham Photography Cohlia LLC Intercity Taxi Mackoul Rentals be Leon Cleaning/Janitorial LLC Landscapes by Jared,LLC Marsh Landing Cleaners Dixie Roadhouse Michael Kimmey,PA Matthew's Restaurant Grayson Rogers LLC Fort Myers mShack Reck'Em Billiards John Michael's Photography My Well Being . 'Rockade The Gathering Place Rain Dogs The Dek VIsuaiity Relectromatics Tubby's City Hangout Gainesville Riverside Avenue Christina Church Twirl Mavericks LLC Community Outreach Relief Effort, Riverside United Church of Christ. Www.SparkUpSuccess.com incorporated Salt&Sol Clearwater Humble Pie Southern Roots Filling Station Cristlno's Coal Oven Pizza Whey Natural!USA Sc.Luke's Community Church Gulfport Steven Romero-Photography !r '`-*A ' • COMPETITIVE WOEKFO[ICE Sun-Ray Cinema Brain Basket House of Art Sweet Spot Urban Louge Jotkoff Financial Group I.M.,Unique Salon,Inc. 'Sweet Theory Baking Co Scentsy Fragrance Ibiza Bijoux Corp The Cummer Museum of Art&Gardens Scisser Me Timbers Infinity Flowers The Frazier Group Space Coast Progressive Alliance lrrera Fashion Boutique The Jenks House.Bed&Breakfast Tabone's Po Boys James Whitney Ray incorporated The STORYof... Miami John Defarro Event Projects Therapy for Uving 2 Guys Company Junior and Hatter Uptown lifestyle Concierge&Excursions 305 Concepts Wynwood LLC . Keller Williams Real Estate Xero Hour inc 332 Collective Kreative Gardens Inc. Jacksonville Beach A Bella Casa Larry Hyer,Inc. Willman Consulting,Inc. Amazon Services Inc. Leonor Murciano Fine Arts Yoga 4 Change Inc. Arc&Arrow Creative Group LGBT Creative Key West Artemis Designs Miami LLC Little Havana Cigar Factory Cocco and Salem Gallery Augustin Galnza Fine Cuban and Latin Little Havana To Go Financial Resources Management Corp. Azucar Ice Cream Uttle Havana Visitors Center The Gardens Hotel Ball and Chain Madeline Beauty Salon Corp Kissimmee Barble'sAutos Corporation Maderas Ralnforest.Canservancy Earl Harris Photography Bariington Group Magnolia Thrift Shop Lake Mary Beria Parfums Marta G Ismail Gallery Barbary&Associates,CPA Brickelf Mattress Marta Neira Photography Lakeland Britto-Charette LLC Mega Shoes,Inc. Arteology Caballero Appraisal Services&Associates Mla Animation LLC Black Swan Bazaar Car2Go Mlarni Gay and Lesbian Film Festival Brooke Pottery Cordon y el Tirano Molina Art.Gallery Inc Divicious Deli&Coffee Shop,LLC Chambersouth Moyi's Antiques and Collectibles Downtown Lakeland Partnership Coconut Grove Building improvement Obrapia Enterprises;Inc. Fresco's Bakery &Bistro District Orange Pedal Bicycle Shop Hattie's Branches Boutique Cole,Scott and Kissane PA Orshan PA Iconic ECig Vapor Boutique Coyo Taco Panther Coffee Inspire Seeds,LLC CPSB,Inc. Penner Studio Lakeland Downtown Development CrepeMaker Peter Tunney Gallery Miami Lifegarden Farm Daily Offering Yoga Pizza Pazza Maximize Digital Media Danilo Gonzalez Gallery Pop Communications Mode Salon and Day Spa Design Suites Miami R House Palace Pizza Inc. El Cristo Restaurant Reveal Boutique Red Door Lakeland Espaclo Corp. Rupees Inc Satya Life Yoga Esqulsito Restaurant Santos Fine Art Gallery Swan Brewing,LLC Eyes on You Photo Events Tabelina The Purple Onion Fausto Commercial Realty.Consultants The Glamour Concept Tany's Studio B Fireman Derek's Bake Shop Threadcount Tweetz Fer Dawgs Flash Studios Top Cigars Two Hens and a Hound Fortis Development Group Triverden Creative Two Popes LLC .Fratelilno Ristorante Unity on the.Bay 'Whimsy Boutique Futurama Unzueta Gallery Largo Gabriel Productions International Viliamil Contemporary Fine Art Knotty Nanna Handcrafted Macrame& Genuine Hospitality Group Vltruvian Creative Crochet George Ortiz Casting White Glove Standards Inc. Maintland Golden Desire, Inc. Wind ridge Yacht Center Vapor Safari LLC Granda Entertainment.LLC Worldmedia interactive Melbourne Greens Garage Qp.,Biy . COMPETITIVE WORKFORCE Wynwood 250 LLC The Cheese Lodge Pembroke Pines Wynwood Business improvement'District Newberry 'CareerXChange inc. Zak the Baker The Flour Pot.Bakery Pensacola Zoffinger Interiors North Bay Village First Day Ent Miami Beach Sobe Jewelry Kreg Yingst Art 729 Meridian Avenue,LLC North Miami Plantation Afterglow Marketing Bell David Planning Group BlackTle Publishing . Anna Sauliho Jewelry LLC Image Pius Graphics Pante Vedra Beach Benefits Design Resources,Inc Laser Light Litho Corp Happy CoW Cuisine Vegan and Vegetarian Blue Fin Charters North Miami Beach Meals Collins Park Neighborhood Association Aids Healthcare Foundation Medure Greater Miami and The Beaches Hotel Oakland Park 2any.Du Designs Association Hotspots Media.Group Port St.Lucie Hahne Real Estate Ocala Weber Watercolors . Heather Davis Productions Inc. Grafito,Inc. Riverview .Lion Agency Ocala Rehabilitation Associates,PA Saxony Farms Sobe Miami LLC;Palace Bar The Organic Chef Foods Rockledge Source Events Ocoee Mrs.Mange and Company LLC South Florida Hispanic Chamber of Katherine Matterson Sculpture Safety Harbor Commerce Orange Park John Mascoli Artist Southeast Bankers Mortgage Corporations North Florida Biomedical Services,Inc. Sanford Strang Adams,PA Attorneys at Law SCBTwo David Sculptures The Murry Agency Vrbach Law Group South Miami . Tie Gazpacho LLC Orlando South Florida Gay-Wedding Corp VangiArt BMC Consulting South Pasadena Miami Shores Diana Marie Everitt SU Allen Sculpture .Pridelines Youth Services Don Jefe's St.Augustine Miami Springs Ego Lab BIg island Bowls 66 Films Inc Gayle A.Owens Law,P.A. FlrstCoast Metropolitan Community Church Mlcco Heavenly inkz Tattoo St,Petersburg Richard Currier Art High Roller E Cigs and Vapor Edge of 9 Middleburg Jonathans Super Shlne.&Shoe Repair Enigma 'Carry On F,or Our Son Corporation Law Offices of George E.Carr,P.A Law Offices of William K.Saron,P.A. Miramar Olde 64 Smith&Associates Real Estate William Kidd Ceramics Orlando Hold'Ern Strategic Campaigns LLC Mulberry Quick Drop of Orlando Your Neighborhood Realty Unique Bark;LLC Realm Tattoos Aridersons Networking&Computer.Repair Wilkerson's Inc Suarez Law Group Gay St.Pete House Naples Sugarbuu Dezert.Company Rainbow 411 Adetheies Cupcakes Superior Craftsman Services,LLC Tampa Bay Bears Capriccio Ristorante&Lounge The Dubliner Seffner Daniela's Restaurant The Rusty Spoon Act Out Dennison-Moran Gallery Whiskey Dicks Ken Andrews Photography IM Tapes Palm Bay Olde World'Coffee 5 Dimarco.leweiry Animal Love Inc. Tallahassee The Garden District: Operation Tupperware On 3 Public Relations The Greek Gourmet—Naples Rex Mullen Realtor Tamarac Trec of Life Artistic Jewelry Palm Coast World Cruises&Travel New Port Richey Robert:G.Cuff,P.A. Tampa AB Specialty Pharmacy INC. Panama City Beach Aaron Berger,PA People Places LLC Jae's Sinful Delights,Bakery and Cake Shop Books and More Inc. I COMPETITIVE MEN Costln Graphics Inc inside/Out Fitness Co-Op,LLC Cristino's Coal Oven Pizza Tampa Richard's Find Coffees Dave DeLaCruz Painting Six/Ten,LLC Dehra Miotke LLC The Shop DP Photography LLC Trent Manning Studio Florida Entertainment Group Winter Park • Florida Wellness Medical Group Falk Research Associates,Inc. Foley Immigration Law First Alliance Insurance G' Bar Gary Lam bed Salon and Sue Hamburger Mary's .Gecko CPA Firm Hillsborough County LGBTA Democratic Jen Sayer Art Jenne Caucus Michele Photo Honey Pot Jahn Whipple Mixed Media James Group international Lamest*,P.A. lames Lail/Group Morgan White-Davis Martinez Love Hate Luck Dolls Rollins College MC Film Festival Store NAtiva Accessories Inc. Office of.Diversity,inclusion and Equal Opportunity;at the University of South Florida System One Fine Day,Inc. PFLAG Tampa • Relentless Gear Retro Nuevo Jewelry Designs Spinal Connections of Tampa Bay,LLC Tampa City Council Tebella Tea The Butterfly Queen Dream The Change Project The Dogs Bollocks The Oxford:Exchange Tribeca'Color Salon Two Gals and a Glue Gun,LLC Urban Body Clothing Ybor City Wine Bar Zimmer Accounting Service Incorporated Temple Terrace Jessi's Flaming Fruit Sauce Karmyn's Karaoke Trinity GayestStoreO nEarth.c om Wesley.Chapel Santa Monica Honey West Miami Patrick Whiteside_Consulting Wilton Manors Divine Mercy New Catholic Communities • Humpy's Piva&,Cupcakes Winter Haven Cypress Cigars • COMPETITIVE WORKFORCE • The Florida Competitive.Workforce Act ISSUE: The Competitive Workforce Act is bi-partisan legislation that promotes fairness and • modernizes state law by banning anti-gay and gender-based discrimination.While it is illegal to discriminate in employment, housing and public accommodations based on race,color,religion, sex,national origin,age, handicap or marital status,state law does not protect individuals from discrimination based on sexual orientation and gender identification. SUMMARY: Top employers in the state have united to form Florida Businesses for a Competitive Workforce, a 501c(4) coalition that aims to grow Florida's economy by attracting and retaining the best workers to the state with the promise of equal opportunity employment. • BACKGROUND: Recruiting and retaining talent is critical to the state's long-term business success, and coalition members understand that Florida employers must attract qualified and diverse applicants who reflect the diverse population of the state.The link between strong.anti- discrimination laws and the ability to draw the best and the brightest is the reason that 84 percent of the nation's largest companies have adopted comprehensive anti-discrimination policies that include sexual orientation and gender identity. A July 2013 poll conducted by The Terrance Group found: i Nearly all (93 percent) of those surveyed agreed that all hardworking people, including gays and lesbians,should be treated fairly and protected in the workplace. • Three out of every four people surveyed thought it was already Illegal to fire, refuse a business service, and refuse to rent an apartment or house to someone because they are gay,lesbian,bisexual and transgender. • More than half(56 percent)of those surveyed said they would be more likely to vote for a state legislator who voted 'yes" in favor of adding sexual orientation and gender identity to Florida's anti-discrimination laws.Another 18 percent said they were unsure or it would not make a difference. A'March 2013 poll conducted by the Bob Graham Center for Public Service in collaboration with the University of Florida's Bureau of Economic and Business Research found: • Seventy-three(73)percent of the respondents support the Competitive Workforce Act. REQUEST: Members of the Florida Businesses for a Competitive Workforce Coalition ask for your favorable support of the Competitive Workforce Act. For additional information, please visit our website at www.FLCompetitiveWorkforce.com, or contact Christina Johnson, coalition communications director,at(850)391-5040 or via email at Christina(aaOn3PR.com, ATTACHMENT TO RESOLUTION NO. — 2016 • • • . -COMPETMVE WORKFORCE • - COALITION MEMBERS Aintofi itA(liines.. At7050. • • Bilzin Sumberg p 9 p �'�• AY7sHoiv.va AF 1AW RDL R�1Z,1 . CSX— —.. ' . . • . . Tel DARDEN. .�.:�. r Cop- ,glues,.1 ie. , �4: . -& .3DO G" maay- . . �.,_;. . . • m :; .:. xarriOtt4 HASKELI • �Q�At.7�1'�f11efOW0�'1(I:, Ei�JER AN lass-w T • • .srmE INj.. � CHAMBER .U C1 Bank „ „. - . • ffice DEPOT R1YMO D .. ffilliax— MMA1�MI V �ii � ;,Hwcxsi;irnt. . NEAT • .. loam rwRIr,. , . . . • rl5 C�)'- .CORAL CiA15L5 .. . ,- . - . . /,f.'-'\.0..!..,:.0 ice.: .Y:� t . 1 - iNo.,-,T--1 . C *ARNIVAL ,� 1 i:lol'idaReaitois' eni-lVD C•0It1'0RA.TIQNaPLC - 1':l ' 2 . • ! ri .. - miAmPui. r co urg CY f; P. • : `Q�o - CHAMBER o,;l��l) dJ°�' SC?'UTH �? Dl�•f" R »Y j.4''T:1 \ -!!�I Y��-11.1 M{„{W�., 1 s• .• 1l1,11•"'�11 ..Y . -.1\1 ran 1 fir.. •1 _.� : ... .. ()i�l G1.kTER mom.,s[)ta.BEAchESt South Rg:H a ilsio n`Chop�be P".11llf'i;-"`1 "'I'i ;i'‘is:-!.rs HOTEL ASSOCIATION1 : . I • • �`oa sUs�y COMEIIIIVE WllHkFQREE T . Marius Moore Photography Altamonte Springs Cacarut Grove Holiday Brockman insurance Group Pointe Group Advisors Moon Bay Glass Ignacio Ilidalgo MD PA Coral Gables Jacksonville Ma'dPro Acqua Boutique i lgersjax Marc It Sold! Anton Acoro Beauty Studio 5 Points Antiques Meehie Law Art Room Inc AIDS Healthcare Foundation PIa7a Property Services LLC Bloom All About EventsJacksonviile LLC Saul Cornell Violins Catholic Law Students Assadation, Avonda'e United Methodist Church Bartow University of Miami Avonda ie Wealth Advisors Tim Jones Barbershop Coral Gables Chamber of Commerce Baby's Close-tip 30/4D Ultrasound Theater Bonita Springs Allc a Coral Gables Congregational Church Beer30 Inc Furniture Ctulseport Destinations Birdies Five Points Bondi Blu Boutique Edoardo Barreln Black Sheep Restaurant Bonita Springs peed Shop Greenllfe Organic Bistro Bobble G.O'Connor&Associates CA Custom Designs Hotel Chateau Blew CJLS.K. Contemporary Style Ina Young LLC , Catering by Liz Grenantycr DaVinclTeeth Whitening Keeping the Books,Inc Chamblin's Uptown Ecig La Delia Salon Character Counts!in Jacksonville Eric Allen Group,LLC Pazarella Hair Design Boutique City Ktra Magazine Heavenly Vapor,LLC The Golden Triangle Corner Taco Uttle Boutique by Jeanne Transformation Dynamlx . Diversions Specialty Glft Store Power Mobile Dade City Oown to Earth Farm Sunglass Lady Sawmill Resort and Campground Droubi's Cafe and Sweets • The Vintage Petfumisia Deland East Coast Transfer LLC Touched By An Angel Hellmann Mixed Media Eco Relics Young At Heart Fernandina Beach Edge City Brandon Music by Pegge LLC . Fans&Stoves Antique Mail Out Staff Fleming island First Coast Muhl-Ones Agency Cape Canaveral My Pepper Jelly First United Methodist Church Jacksonville Charles Haelaar Studio Vintage Furniture Paint Folio Weekly . Crazy Cuz's Custom Creation Fort Lauderdale If True Solutions,LLC Euro Kale Coastal Preferred Properties lacksonville Magarine Cape Coral Dickey Consulting Group Kane Buslness Solutions Badcstreets Sports Bar H&H Jewels Kris Graham Photography Cotvia LLC Intercity Taxi Macisout Rentals De Leon Cleaning/Janitorial LLC Landscapes by Jared,LLC Marsh Landing Cleaners Dixie Roadhouse Michael Kimmey,PA Matthew's Restaurant Grayson Rogers LLC Fort Myers mSheck Rack'Em Billiards John Michael's Photography My Well Being Rockade The Gathering Place Rain Dogs The Dek Vlsuailty Retectromatics Tubby's City Hangout Gainesville Riverside Avenue Christina Church Twin Mavericks ta.0 Community Outreach Relief Effort, Riverside United Church of Christ Www.SparkUpSuccess.com incorporated Salt&Sol Clearwater Humble Pie Southern Roots Filling Station Cristlno's Coal Oven Pizza whey Natural!USA St Luke's Community Church Gulfport Steven Romero Photography 10 • i COMPEiITIVE WORKFORCE • Sun-Ray Cinema Brain Basket House of Art Sweet Spot Urban.Lcuge Jotkoff Financial Group I.M.Unique Salon,Inc. Sweet Theory Baking Co Scentsy Fragrance Ibiza Bijoux Corp TheCummerMuseum of Art&Gardens Scissor Me Timbers • infinity Flowers 'The Frazier Group Space Coast Progressive Aliiance Irrera Fashion Boutique The Jenks House Bed&Breakfast Tabone's Po Boys James Whitney Ray fpccrporated The STORY of... • Miami John Defarro Event Projects • . Therapy for Living 2 Guys Company Junlcr and Hatter • Uptown Lifestyle Concierge&Excursions 305 Concepts Wynwood LLC Keller Williams Real Estate Keno Hour Inc 332 Collective • Kreetive Gardens inc Jacksonville Beach A Bella Casa Larry flyer,Inc.' Wii man Consulting,ins. _ Amazon Services Inc Leaner Murciano Fine Arts Yoga d Change inc. Arc&Arrow Creative Group LGBT Creative . Key West Artemis Designs Miami LLC - . .Little Havana Cigar Factory Coco and Salem Gallery Augustin Gainza Fine Cuban and Latin Little Havana To Go Financial Resources Management Corp. Azucar Ice Cream tittle Havana Visitors Center The Gardens Hotel Ball and Chain Madeline Beauty Salon Corp Kissimmee itarbie's Autos Corporation Ma dares Rainforest Conservancy Earl Harris Photography • Barlington Group • Magnolia Thrift Shop' . Lake Mary Beria Parfums Marta G tsmall Gallery Barbery&Associates,CPA Brlckell Mattress Marta Nelra Photography Lakeland • • Britto Charette LLC Mega Shoes,Inc. Arteology Caballero Appraisal Services&Associates Mia Animation LLC Black Swan Bazaar Car2Go Mlaml Gay and Lesbian Film Festival . Brooke Pottery Cordon y el Tirano Molina Art Gallery Inc Dividous Deli&Coree Shoe,LLC ChamberSouth Moyi's Antiques and Collectibles . . Downtown Lakeland Partnership Coconut Grove Building Improvement Obrapla Enterprises,inc. Fresco's Bakery &Bistro District Orange Pedal Bicycle Shop • Hattie's Branches Boutique • Cole,Scott and Kissane PA Orshan PA Iconic ECig Vapor Boutique Coya Taco Panther Coffee Inspire Seeds,LLC CPSB,inc. Penner Studio Lakeland Downtown Devetepmenr CrepeMeker Peter Tenney Gallery Miami Ufegarden Farm Daily Offering Yoga Pizza Pazza Maximize Digital Media Danilo Gonzalez Gallery Pop Communications Maxie Salon and Day Spa Design Suites Miami R House ' Patera Pizza Inc ' El Cristo Restaurant Reveal Boutique Red Door Lakeland Espaclo Corp. Rupees Inc • Satya Life Yoga Esquisito Restaurant . Santos Fine Art Gallery Swan Brewing,LLC Eyes on You Photo Events Tabellna The Purple Onion Fausto Commercial Realty Cons...itants The Glamour Concept Tony's Studio B. Fireman Derek's Bake Shop Threadcount Tweetz Fer Oawgs Rash Studios ' Top Cigars Two Hens and a Hound • Fortis Development Group ' Trlverden Creative Two Popes LLC Fratellno Rfstorante Unity on the Bay Whimsy Boutique Futurama Unzueta Gallery . Largo Gabriel Productions international Vlllamll Contemporary Fine Art Knotty Nanna Handcrafted Macrame&. Genuine Hospitality Group Vitruvlan Creative Crochet George Ortiz Casting White Glove Standards Inc. • Maintlend Golden Desire, Inc Windrtdge Yacht Center ' Vapor Safari LLC Granda Entertainment.LLC Worldmedla Interactive Melbourne _ Greens Garage s%t � V. • COMPEiITIVE WORKFORCE • Wynwood 250 LLC The Cheese Lodge Pembroke Pines Wynwood Business Improvement District Newberry • • CareerXChange Inc . Zak the Baker The Flour Pot Bakery • Pensacola Zoffinger Interiors North Bay Village First Day Ent Miami Beech Sobe Jewelry Kreg Yngst Art 729 Meridian Avenue,LLE North Miami Plantation ' . Afterglow Marketing Bell David Planning Group 1:t1ickTie Publishing Anna Saullnc Jewelry LLC .. Image Plus Graphics • Ponte Vedra Beach Benettt Design Resources,Inc Laser Light Litho Corp Happy Cow Cuisine Vegan and Vegetarian Slue Fin Charters North Miami Beady Meals Collins Park Neighborhood Association Aids Healthcare Foundation • Medure Greater Miami and The Beaches Hotel Oakland Park 2any0u Designs Association Hotspots Med'a Group .Port St.Ludo -Hahne Real Estate Ocala • Weber Watercolors Heather Davis Productions Inc. •Graffito,Inc, Riverview • Lion Agency Oa'a Rehabllitatlon Associates,PA Saxony Farms. Sobe M"ami LLC,Palace Bar The Organic Chef Foods .Rockiedge •Sarirce'Events Ocoee Mrs.Mango and Company LLE South Florida Hispan'c Chamber of Katherine Matier-san Sculpture Safety Harbor Commerce Orange Park John Mascot'Artist Southeast Bankers Mortgage Corporations North Florida Biomedical Services,Inc. Sanford Strang Adams,PA Attorneys at Law SCBTwe David Sculptures ' The Murry Agency Urbach Law-Group • South Miami Tin Gazpacho LLC Orlando South Florida Gay Wedding Corp VangiArt BMC Consulting South Pasadena Miami Shores Diana Marie Events Su Allen Sculpture Pridellnes Youth Services Don Jefe's St.Augustine Miami Springs Ego Lab Big Island Bowls • 56 FIlms Inc Gayle A.Owens Law,P.A. RrstCoast Metropolitan Community Church Micoo Heavenly Ink¢Tattoo St.Petersburg- . Richard Corder Art High Roller E Cigs and Vapor Edge of 4 Middleburg Jonethans Super Shine&Shoe Repair Enigma Carry On For Our Son Corporation Law Offices of George E Carr,RA . Law Offices of William K.Saron,P.A. Miramar Oide 64 Smith&Assodates Rea!Estate William Kidd Ceramics Orlando Hold'Em Strategic Campaigns LLC • Mulberry Quick Drop of Orlando Your Neighborhood Realty Unique Bark,LLC Realm Tattoos Andersons Networking&Computer Repa!r Wilkersan's Inc Suarez Law Group Gay St.Pete House Naples Sugarbtuz Desert Company Rainbow 411 Adetheldk's Cupcakes Superior Craftsman Services,LLC Tampa hay Bears Capriccio Ristarante&Lnunge The Dubliner Seffner Daniela's Restaurant The Rusty Spoon Act Out Dennison-Moran Gallery Whiskey Dicks • Ken Andrews Photography iM tapas Palm Bay Dide World Coffee 5 Olmarco Jewelry. Animal Love Inc- Tallahassee ' The Garden Distnct Operation Tupperware On 3 Pubiic Relations • The Greek Gourmet—Naples Rex Mullen Realtor Tamarac • Tree Of IJfoArtistic Jewelry . • Palm Coast 1 World Cruises&Travel New Port Richey Robert G.Cuff,PJI. Tampa ' AB Specialty Pharmacy INC. Panama City Beach Aaron Berger PA People Places LLC Jee's Sinful Delights,Bakery and Cake Shop Books and More Inc. • • COMPEIIiNE WORKFORCE Castle Graphics Inc Inside/Out Fitness Co-Op,•LLC Cristin&s Coal Oven Pizza Tampa Richard's Fine Coffees Dave DeLaCruz Painting Six/Ten,LLC Dehra.Mioske LLC The Shop • DP Photography LLC Trent Manning studio Florida Entertainment Group Winter park • Florida Wellness Medical Group Falk Research Associates,Inc Foley Immagration Law First Alliance Insurance G Bar Gary Lambert Salon and Spa • Hamburger Mary's Gecko CPA Firm Hillsborough County LGBTA Democratic Jen Sauer Art Jenne . Caucus Michele Photo Honey Pot Jahn Whipple Mixed Media • James Group International l.omaslaw,.P.A. James Law Group Morgan White-Davis Martinez Love Hate Luck Dolls Rallirts College MC Film Festival Store NAtiva Accessories Inc Office of Diversity,Inclusion and Equal • Opportunity at the University of South Florida System_ • One Fine Day,Inc PFLAG Tampa Relentless Gear • Retro Nuevo Jewelry Designs Spinal Connections of Tampa Bay,LLC • Tampa City Council • Tebella Tea The Butterfly Queen Dream The Change Project The Dogs Bollocks The'Dxford Exchange Tribece Color Salon • Two Gals and a Glue Gun,U.0 Urban Body Clothing Thor City Wine Bar Zimmer Accounting Service Incorporated Temple Terrace Jessrs Flaming Fruit Sauce Karmyn's Karaoke Trinity GayestStoreOnEarth.com Wesley Chapel Santa Monica Haney West Miami . Patrick Whiteside consulting Wilton Manors Divine Mercy New Catholic Communities • Humpy's Pizza&Cupcakes Winter Haven. Cypress Cigars ADDITIONAL BACK-UP FLORIDA HOUSE OF REPRESENTATIVES HB 45 2016 • 1 A bill to be entitled 2 An act relating to prohibited discrimination; creating 3 the "Florida Competitive Workforce Act"; amending s . 4 760 . 01, F. S. ; revising .provisions to include sexual 5 orientation and gender identity Or expression and the • 6 perception of race, color, religion, sex, national 7 origin, age, sexual orientation, gender identity or 8 expression, handicap, or marital status as 9 impermissible grounds for discrimination; reordering 10 and amending s . 760 . 02, F. S . ; defining additional 11 terms; amending ss. 760 . 05, 760 . 07, and 760 . 0'8, F.S . ;• 12 adding sexual orientation and gender identity or . 13 expression as impermissible grounds for 14 . discrimination; conforming terminology; amending s . 15 760 . 10, F. S . ; adding sexual orientation and gender 16 identity or expression as impermissible grounds for 17 discrimination; providing an exception for 18 constitutionally protected free exercise of religion; 19 amending s . 509 . 092, F.S . ; adding sexual orientation 20 and gender identity or expression as impermissible 21 grounds for discrimination in public lodging 22 establishments and public ,food service establishments; 23 • providing an exception for constitutionally protected 24 free exercise of religion; amending s . 760 .22, F.S . ; 25 defining additional terms; amending ss . 760 .23, 26 . 760 .24, 760 .25, 760 .26, 760 .29, and 760 . 60, F. S . ; Page 1 of-19 CODING:Words stfiericen are deletions;words underlined are additions. • hb0045-00 FLORIDA HOUSE OF REPRESENTATIVES HB45 2016 27 adding sexual orientation and gender identity or 28 expression as impermissible grounds for 29 discrimination; amending s . 419 . 001, F.S . ; conforming 30 a cross-reference; providing an effective date. 31 32 Be It Enacted by the Legislature of the State of Florida: 33 34 Section 1 . This act may be cited as the "Florida 35 Competitive Workforce Act. " 36 Section 2 . Subsection (2) of section 760 . 01, Florida 37 Statutes, is amended to read: 38 760 . 01 Purposes; construction; title.- 39 (2) The general purposes of the Florida Civil Rights Act 40 of 1992 are to secure for all individuals within the state 41 freedom from discrimination because of or based on the 42 perception of race, color, religion, sex, pregnancy, national 43 origin, age, sexual orientation, gender identity or expression, 44 handicap, or marital status and thereby to protect their 45 interest in personal dignity, to make available to the state 46 their full productive capacities, to secure the state against 47 domestic strife and unrest, to preserve the public safety, 48 health, and general welfare, and to promote the interests, 49 rights, and privileges of individuals within the state. 50 Section 3 . Section 760 . 02, Florida Statutes, is reordered 51 and amended to read: Page 2 of 19 CODING: Words stricken are deletions; words underlined are additions. hb0045-00 FLORIDA HOUSE OF REPRESENTATIVES HB45 2016 52 760 . 02 Definitions .—For the purposes of ss . 760 . 01-760 . 11 53 and 509. 092, the term: 54 (1) (10) "Aggrieved person" means any person who files a 55 complaint with the Human Relations Commission. 56 (2) "Commission" means the Florida Commission on Human 57 Relations created by s . 760 . 03. 58 (3) "Commissioner" or "member" means a member of the 59 commission. 60 (4) "Discriminatory practice" means any practice made 61 unlawful by the Florida Civil Rights Act of 1992 . 62 (5) (7) "Employer" means any person employing 15 or more 63 employees for each working day in each of 20 or more calendar 64 weeks in the current or preceding calendar year, and any agent 65 of such a person. 66 (6)-(8-* "Employment agency" means any person regularly 67 undertaking, with or without compensation, to procure employees 68 for an employer or to procure for employees opportunities to 69 work for an employer, and includes an agent of such a person. 70 (7) (1) "Florida Civil Rights Act of 1992" means ss . 71 760 . 01-760 . 11 and 509 . 092 . 72 (8) "Gender identity or expression" means gender-related 73 identity, appearance, or behavior, whether such gender-related 74 identity, appearance, or behavior is different from that 75 traditionally associated with the person' s physiology or 76 assigned sex at birth, which gender-related identity can be 77 shown by providing evidence, including, but not limited to: Page 3 of 19 CODING:Words stricken are deletions;words underlined are additions. hb0045-00 FLORIDA HOUSE O F REPRESENTATIVES HB 45 2016 78 (a) Medical history, care, or treatment of the gender- 79 related identity; 80 (b) Consistent and uniform assertion of the gender-related 81 identity; or 82 (c) Other evidence that the gender-related identity is a 83 sincerely held part of a person' s core identity and is not being 84 asserted for an improper purpose. 85 (9) "Labor organization" means any organization which 86 exists for the purpose, in whole or in part, of collective 87 bargaining or of dealing with employers concerning grievances, 88 terms or conditions of employment, or other mutual aid or 89 protection in connection with employment. 90 (10) (5) "National origin" includes ancestry. 91 (11) - "Person" includes an individual, association, 92 corporation, joint apprenticeship committee, joint-stock 93 company, labor union, legal representative, mutual company, 94 partnership, receiver, trust, trustee in bankruptcy, or 95 unincorporated organization; any other legal or commercial 96 entity; the state; or any governmental entity or agency. 97 (12) (11) "Public accommodations" means places of public 98 accommodation, lodgings, facilities principally engaged in 99 selling food for consumption on the premises, gasoline stations, 100 places of exhibition or entertainment, and other covered 101 establishments . Each of the following establishments which 102 serves the public is a place of public accommodation within the 103 meaning of this section: Page 4 of 19 CODING: Words stricken are deletions;words underlined are additions. hb0045-00 FLORIDA HOUSE O F REPRESENTATIVES HB45 2016 104 (a) Any inn, hotel, motel, or other establishment that 105 which provides lodging to transient guests, other than an 106 establishment located within a building that which contains not 107 more than four rooms for rent or hire and that which is actually 108 occupied by the proprietor of such establishment as his or her 109 residence . 110 (b) Any restaurant, cafeteria, lunchroom, lunch counter, 111 soda fountain, or other facility principally engaged in selling 112 food for consumption on the premises, including, but not limited 113 to, any such facility located on the premises of any retail 114 establishment, or any gasoline station. 115 (c) Any motion picture theater, theater, concert hall, 116 sports arena, stadium, or other place of exhibition or 117 entertainment. 118 (d) Any establishment that which is physically located 119 within the premises of any establishment otherwise covered by 120 this subsection, or within the premises of which is physically 121 located any such covered establishment, and which holds itself 122 out as serving patrons of such covered establishment . 123 (13) "Sexual orientation" means an individual ' s actual or 124 perceived heterosexuality, homosexuality, or bisexuality. 125 Section 4 . Section 760 . 05, Florida Statutes, is amended to 126 read: 127 760 . 05 Functions of the commission.—The commission shall 128 promote and encourage fair treatment and equal opportunity for 129 all persons regardless of race, color, religion, sex, pregnancy, Page 5 of 19 CODING: Words stricken are deletions;words underlined are additions. hb0045-00 FLORIDA HOUSE OF REPRESENTATIVES HB 45 2016 130 national origin, age, sexual orientation, gender identity or 131 expression, handicap, or marital status and mutual understanding 132 and respect among all members of society all cconomic, social, 133 racial, rcligiouc, and ethnic groups; and the commission shall 134 endeavor to eliminate discrimination against, and antagonism 135 between, persons on the basis of or based on the perception of 136 race, color, religion, sex, national origin, age, sexual 137 orientation, gender identity or expression, handicap, or marital 138 status religie-us, racial nd—e c groupo--and the rmembero . 139 Section 5. Section 760 . 07, Florida Statutes, is amended to 140 read: 141 760 . 07 Remedies for unlawful discrimination.—Any violation 142 of any Florida statute making unlawful discrimination because of 143 or based on the perception of race, color, religion, gender, 144 pregnancy, national origin, age, sexual orientation, gender 145 identity or expression, handicap, or marital status in the areas 146 of education, employment, housing, or public accommodations 147 gives rise to a cause of action for all relief and damages 148 described in s . 760 . 11 (5) , unless greater damages are expressly 149 provided for. If the statute prohibiting unlawful discrimination 150 provides an administrative remedy, the action for equitable 151 relief and damages provided for in this section may be initiated 152 only after the plaintiff has exhausted his or her administrative 153 remedy. The term "public accommodations" does not include lodge 154 halls or other similar facilities of private organizations which 155 are made available for public use occasionally or periodically. Page 6 of 19 CODING: Words stricken are deletions;words underlined are additions. hb0045-00 FLORIDA HOUSE OF REPRESENTATIVES HB 45 2016 156 The right to trial by jury is preserved in any case in which the 157 plaintiff is seeking actual or punitive damages . 158 Section 6. Section 760 . 08, Florida Statutes, is amended to 159 read: 160 760 . 08 Discrimination in places of public accommodation.- 161 All persons are entitled to the full and equal enjoyment of the 162 goods, services, facilities, privileges, advantages, and 163 accommodations of any place of public accommodation without 164 discrimination or segregation on the ground of or based on the 165 perception of race, color, national origin, sex, sexual 166 orientation, gender identity or expression, pregnancy, handicap, 167 familial status, or religion. 168 Section 7 . Subsections (1) and (2) , paragraphs (a) and (b) 169 of subsection (3) , subsections (4) , (5) , and (6) , paragraph (a) 170 of subsection (8) , and subsection (9) of section 760 . 10, Florida 171 Statutes, are amended to read: 172 760 . 10 Unlawful employment practices .- 173 (1) It is an unlawful employment practice for an employer: 174 (a) To discharge or to fail or refuse to hire any 175 individual, or otherwise to discriminate against any individual 176 with respect to compensation, terms, conditions, or privileges 177 of employment, because of or based on the perception of such 178 individual ' s race, color, religion, sex, pregnancy, national 179 origin, age, sexual orientation, gender identity or expression, 180 handicap, or marital status . 181 (b) To limit, segregate, or classify employees or Page 7 of 19 CODING: Words stricken are deletions;words underlined are additions. hb0045-00 FLORIDA HOUSE OF REPRESENTATIVES HB45 2016 182 applicants for employment in any way which would deprive or tend 183 to deprive any individual of employment opportunities, or 184 adversely affect any individual ' s status as an employee, because 185 of or based on the perception of such individual ' s race, color, 186 religion, sex, pregnancy, national origin, age, sexual 187 orientation, gender identity or expression, handicap, or marital 188 status . 189 (2) It is an unlawful employment practice for an 190 employment agency to fail or refuse to refer for employment, or 191 otherwise to discriminate against, any individual because of br 192 based on the perception of race, color, religion, sex, 193 pregnancy, national origin, age, sexual orientation, gender 194 identity or expression, handicap, or marital status or to 195 classify or refer for employment any individual on the basis of 196 or based on the perception of race, color, religion, sex, 197 pregnancy, national origin, age, sexual orientation, gender 198 identity or expression, handicap, or marital status . 199 (3) It is an unlawful employment practice for a labor 200 organization: 201 (a) To exclude or to expel from its membership, or 202 otherwise to discriminate against, any individual because of or 203 based on the perception of race, color, religion, sex, 204 pregnancy, national origin, age, sexual orientation, gender 205 identity or expression, handicap, or marital status . 206 (b) To limit, segregate, or classify its membership or 207 applicants for membership, or to classify or fail or refuse to Page 8 of 19 CODING: Words stricken are deletions;words underlined are additions. hb0045-00 FLORIDA H O U S . E O F REPRESENTATIVES HB45 2016 208 refer for employment any individual, in any way that would 209 deprive or tend to deprive any individual of employment 210 opportunities, or adversely affect any individual ' s status as an 211 employee or as an applicant for employment, because of or based 212 on the. perception of such individual ' s race, color, religion, 213 sex, pregnancy, national origin, age, sexual orientation, gender 214 identity or expression, handicap, or marital status . 215 (4) It is an unlawful employment practice for any 216 employer, labor organization, or joint labor-management 217 committee controlling apprenticeship or other training or 218 retraining, including on-the-job training programs, to 219 discriminate against any individual because of or based on the 220 perception of race, color, religion, sex, pregnancy, national 221 origin, age, sexual orientation, gender identity or expression, 222 handicap, or marital status in admission to, or employment in, 223 any program established to provide apprenticeship or other 224 training. 225 (5) Whenever, in order to engage in a profession, 226 occupation, or trade, it is required that a person receive a 227 license, certification, or other credential, become a member or 228 an associate of any club, association, or other organization, or 229 pass any examination, it is an unlawful employment practice for 230 any person to discriminate against any other person seeking such 231 license, certification, or other credential, seeking to become a 232 member or associate of such club, association, or other 233 organization, or seeking to take or pass such examination, Page 9 of 19 CODING: Words stricken are deletions;words underlined are additions. hb0045-00 FLORIDA HOUSE OF REPRESENTATIVES HB45 2016 234 because of or based on the perception of such other person' s 235 race, color, religion, sex, pregnancy, national origin, age, 236 sexual orientation, gender identity or expression handicap, or 237 marital status . 238 (6) It is an unlawful employment practice for an employer, 239 labor organization, employment agency, or joint labor-management 240 committee to print, or cause to be printed or published, any 241 notice or advertisement relating to employment, membership, 242 classification, referral for employment, or apprenticeship or 243 other training, indicating any preference, limitation, 244 specification, or discrimination, based on a person' s actual or 245 perceived race, color, religion, sex, pregnancy, national. 246 origin, age, sexual orientation, gender identity or expression, 247 absence of handicap, or marital status . 248 (8) Notwithstanding any other provision of this section, 249 it is not an unlawful employment practice under ss . 760 . 01- 250 760 . 10 for an employer, employment agency, labor organization, 251 or joint labor-management committee to: 252 (a) Take or fail to take any action on the basis of a 253 person' s actual or perceived religion, sex, pregnancy, national 254 origin, age, sexual orientation, gender identity or expression, 255 handicap, or marital status in those certain instances in which 256 religion, sex, condition of pregnancy, national origin, age, 257 sexual orientation, gender identity or expression, absence of a 258 particular handicap, or marital status is a bona fide 259 occupational qualification reasonably necessary for the Page 10 of 19 CODING: Words stricken are deletions;words underlined are additions. hb0045-00 FLORIDA HOUSE O F REPRESENTATIVES HB45 2016 260 performance of the particular employment to which such action or 261 inaction is related. 262 (9) (a) This section shall not apply to any religious 263 corporation, association, educational institution, or society 264 which conditions opportunities in the area of employment or 265 public accommodation to members of that religious corporation, 266 association, educational institution, or society or to persons 267 who subscribe to its tenets or beliefs . 268 (b) This section shall not prohibit a religious 269 corporation, association, educational institution, or society 270 from giving preference in employment to individuals of a 271 particular religion to perform work connected with the carrying 272 on by such corporations, associations, educational institutions, 273 or societies of its various activities . 274 (c) This section and s . 760 . 08 shall not apply to limit 275 the free exercise of religion guaranteed by the United States 276 Constitution and the State Constitution. 277 Section 8 . Section 509. 092, Florida Statutes, is amended 278 to read: 279 509. 092 Public lodging establishments and public food 280 service establishments; rights as private enterprises .- 281 (1) Public lodging establishments and public food service 282 establishments are private enterprises, and the operator has the 283 right to refuse accommodations or service to any person who is 284 objectionable or undesirable to the operator, but such refusal 285 may not be based upon the person' s actual or perceived race, Page 11 of 19 CODING:Words stricken are deletions;words underlined are additions. hb0045-00 FLORIDA HOUSE OF REPRESENTATIVES HB45 2016 286 creed, color, sex, pregnancy, physical disability, sexual 287 orientation, gender identity or expression, or national origin. 288 (2) A person aggrieved by a violation of this section or a 289 violation of a rule adopted under this section has a right of 290 action pursuant to s . 760 . 11 . 291 (3) This section shall not limit the free exercise of 292 religion guaranteed by the United States Constitution and the 293 Florida Constitution. 294 Section 9 . Section 760 . 22, Florida Statutes, is amended to 295 read: 296 760 .22 Definitions .—As used in ss . 760 .20-760 . 37, the 297 term: 298 (1) "Commission" means the Florida Commission on Human 299 Relations . 300 (2) "Covered multifamily dwelling" means : 301 (a) A building that which consists of four or more units 302 and has an elevator; or 303 (b) The ground floor units of a building that which 304 consists of four or more units and does not have an elevator. 305 (3) "Discriminatory housing practice" means an act that is 306 unlawful under the terms of ss . 760 . 20-760 . 37 . 307 (4) "Dwelling" means any building or structure, or portion 308 thereof, which is occupied as, or designed or intended for 309 occupancy as, a residence by one or more families, and any 310 vacant land that which is offered for sale or lease for the Page 12 of 19 CODING: Words stricken are deletions;words underlined are additions. hb0045-00 FLORIDA HOUSE OF REPRESENTATIVES H345 2016 311 construction or location on the land of any such building or 312 structure, or portion thereof. 313 (5) "Familial status" is established when an. individual 314 who has not attained the age of 18 years is domiciled with: 315 (a) A parent or other person having legal custody of such 316 individual; or 317 (b) A designee of a parent or other person having legal 318 custody, with the written permission of such parent or other 319 person. 320 (6) "Family" includes a single individual . 321 (7) "Gender identity or expression" has the same meaning 322 as provided in s . 760 . 02 . 323 (8) (7) "Handicap" means : 324 (a) A person has a physical or mental impairment which 325 substantially limits one or more major life activities, or he or 326 she has a record of having, or is regarded as having, such 327 physical or mental impairment; or 328 (b) A person has a developmental disability as defined in 329 s . 393 . 063 . 330 (9)-(-8+ "Person" includes one or more individuals, 331 corporations, partnerships, associations, labor organizations, 332 legal representatives, mutual companies, joint-stock companies, 333 trusts, unincorporated organizations, trustees, trustees in 334 bankruptcy, receivers, and fiduciaries . 335 (10) "Sexual orientation" has the same meaning as provided 336 in s . 760 . 02 . Page 13 of 19 CODING:Words stricken are deletions;words underlined are additions. hb0045-00 FLORIDA HOUSE O F REPRESENTATIVES HB45 2016 337 (11) - "Substantially equivalent" means an administrative 338 subdivision of the State of Florida meeting the requirements of 339 24 C. F.R. part 115, s . 115 . 6. 340 (12) (10) "To rent" includes to lease, to sublease, to let, 341 and otherwise to grant for a consideration the right to occupy 342 premises not owned by the occupant. 343 Section 10 . Subsections (1) through (5) of section 760 .23, 344 Florida Statutes, are amended to read: 345 760 . 23 Discrimination in the sale or rental of housing and 346 other prohibited practices .- 347 (1) It is unlawful to refuse to sell or rent after the 348 making of a bona fide offer, to refuse to negotiate for the sale 349 or rental of, or otherwise to make unavailable or deny a 350 dwelling to any person because of or based on the perception of 351 race, color, national origin, sex, sexual orientation, gender 352 identity or expression, handicap, familial status, or religion. 353 (2) It is unlawful to discriminate against any person in 354 the terms, conditions, or privileges of sale or rental of a 355 dwelling, or in the provision of services or facilities in 356 connection therewith, because of or based on the perception of 357 race, color, national origin, sex, sexual orientation, gender 358 identity or expression, handicap, familial status, or religion. 359 (3) It is unlawful to make, print, or publish, or cause to 360 be made, printed, or published, any notice, statement, or 361 advertisement with respect to the sale or rental of a dwelling 362 that indicates any preference, limitation, or discrimination Page 14 of 19 CODING: Words ctricker►are deletions;words underlined are additions. hb0045-00 FLORIDA HOUSE OF REPRESENTATIVES HB45 2016 363 based on a person' s actual or perceived race, color, national 364 origin, sex, sexual orientation, gender identity or expression, 365 handicap, familial status, or religion or an intention to make 366 any such preference, limitation, or discrimination. 367 (4) It is unlawful to represent to any person because of 368 or based on the perception of the person' s race, color, national 369 origin, sex, sexual orientation, gender identity or expression, 370 handicap, familial status, or religion that any dwelling is not 371 available for inspection, sale, or rental when such dwelling is 372 in fact so available. 373 (5) It is unlawful, for profit, to induce or attempt to 374 induce any person to sell or rent any dwelling by a 375 representation regarding the entry or prospective entry into the 376 neighborhood of a person or persons of or perceived to be of a 377 particular race, color, national origin, sex, sexual 378 orientation, gender identity or expression, handicap, familial 379 status, or religion. 380 Section 11 . Section 760 . 24, Florida Statutes, is amended 381 to read: 382 760 . 24 Discrimination in the provision of brokerage 383 services .—It is unlawful to deny any person access to, or 384 membership or participation in, any multiple-listing service, 385 real estate brokers ' organization, or other service, 386 organization, or facility relating to the business of selling or 387 renting dwellings, or to discriminate against him or her in the 388 terms or conditions of such access, membership, or Page 15 of 19 CODING: Words ctricken are deletions;words underlined are additions. hb0045-00 FLORIDA HOUSE OF REPRESENTATIVES HB 45 2016 389 participation, on account of or based on the perception of race, 390 color, national origin, sex, sexual orientation, gender identity 391 or expression, handicap, familial status, or religion. 392 Section 12 . Subsection (1) and paragraph (a) of subsection 393 (2) of section 760 .25, Florida Statutes, are amended to read: 394 760 . 25 Discrimination in the financing of housing or in 395 residential real estate transactions .- 396 (1) It is unlawful for any bank, building and loan 397 association, insurance company, or other corporation, 398 association, firm, or enterprise the business of which consists 399 in whole or in part of the making of commercial real estate 400 loans to deny a loan or other financial assistance to a person 401 applying for the loan for the purpose of purchasing, 402 constructing, improving, repairing, or maintaining a dwelling, 403 or to discriminate against him or her in the fixing of the 404 amount, interest rate, duration, or other term or condition of 405 such loan or other financial assistance, because of or based on 406 the perception of the race, color, national origin, sex, sexual 407 orientation, gender identity or expression, handicap, familial 408 status, or religion of such person or of any person associated 409 with him or her in connection with such loan or other financial 410 assistance or the purposes of such loan or other financial 411 assistance, or because of or based on the perception of the 412 . race, color, national origin, sex, sexual orientation, gender 413 identity or expression, handicap, familial status, or religion 414 of the present or prospective owners, lessees, tenants, or Page 16 of 19 CODING: Words stricken are deletions;words underlined are additions. hb0045-00 FLORIDA HOUSE OF REPRESENTATIVES HB 45 2016 415 occupants of the dwelling or dwellings in relation to which such 416 loan or other financial assistance is to be made or given. 417 (2) (a) It is unlawful for any person or entity whose 418 business includes engaging in residential real estate 419 transactions to discriminate against any person in making 420 available such a transaction, or in the terms or conditions of 421 such a transaction, because of or based on the perception of 422 race, color, national origin, sex, sexual orientation, gender 423 identity or expression, handicap, familial status, or religion. 424 Section 13 . Section 760 . 26, Florida Statutes, is amended 425 to read: 426 760 .26 Prohibited discrimination in land use decisions and 427 in permitting of development.—It is unlawful to discriminate in 428 land use decisions or in the permitting of development based on 429 a person' s actual or perceived race, color, national origin, 430 sex, sexual orientation, gender identity or expression, 431 disability, familial status, religion, or, except as otherwise 432 provided by law, the source of financing of a development or 433 proposed development. 434 Section 14 . Paragraph (a) of subsection (5) of section 435 760 . 29, Florida Statutes, is amended to read: 436 760 .29 Exemptions .- 437 (5) Nothing in ss . 760 .20-760 . 37 : 438 (a) Prohibits a person engaged in the business of 439 furnishing appraisals of real property from taking into 440 consideration factors other than race, color, national origin, Page 17 of 19 CODING:Words stricken are deletions; words underlined are additions. hb0045-00 FLORIDA HOUSE OF REPRESENTATIVES H645 2016 441 sex, sexual orientation, gender identity or expression, 442 handicap, familial status, or religion. 443 Section 15 . Subsection (1) of section 760 . 60, Florida 444 Statutes, is amended to read: 445 760 . 60 Discriminatory practices of certain clubs 446 prohibited; remedies .- 447 (1) It is unlawful for a person to discriminate against 448 any individual because of or based on the perception of race, 449 color, religion, gender, national origin, handicap, age above 450 the age of 21, sexual orientation, gender identity or 451 expression, or marital status in evaluating an application for 452 membership in a club that has more than 400 members, that 453 provides regular meal service, and that regularly receives 454 payment for dues, fees, use of space, facilities, services, 455 meals, or beverages directly or indirectly from nonmembers for 456 business purposes . It is unlawful for a person, on behalf of 457 such a club, to publish, circulate, issue, display, post, or 458 mail any advertisement, notice, or solicitation that contains a 459 statement to the effect that the accommodations, advantages, 460 facilities, membership, or privileges of the club are denied to 461 any individual because of- or based on the perception of race, 462 color, religion, gender, national origin, handicap, age above 463 the age of 21, sexual orientation, gender identity or 464 expression, or marital status . This subsection does not apply to 465 fraternal or benevolent organizations, ethnic clubs, or Page 18 of 19 CODING: Words stricken are deletions; words underlined are additions. hb0045-00 FLORIDA HOUSE OF REPRESENTATIVES HB45 2016 466 religious organizations where business activity is not 467 prevalent. 468 Section 16 . Paragraph (e) of subsection (1) of section 469 419. 001, Florida Statutes, is amended to read: 470 419. 001 Site selection of community residential homes .- 471 (1) For the purposes of this section, the term: 472 (e) "Resident" means any of the following: a frail elder 473 as defined in s . 429. 65; a person who has a handicap as defined 474 in s . 760 . 22 (8) (a) 760 . 22 (7) (a) ; a person who has a 475 developmental disability as defined in s . 393 . 063; a 476 nondangerous person who has a mental illness as defined in s . 477 394 . 455; or a child who is found to be dependent as defined in 478 s . 39. 01 or s . 984 . 03, or a child in need of services as defined 479 in s . 984 . 03 or s . 985 . 03 . 480 Section 17 . This act shall take effect July 1, 2016 . Page 19 of 19 CODING: Words stricken are deletions;words underlined are additions. hb0045-00 Florida Senate - 2016 SB 120 By Senator Abruzzo 25-00121-16 2016120 1 A bill to be entitled 2 An act relating to prohibited discrimination; creating 3 the "Florida Competitive Workforce Act"; amending s . 4 760 . 01, F. S . ; revising provisions to include sexual 5 orientation and gender identity or expression and the 6 perception of race, color, religion, sex, national 7 origin, age, sexual orientation, gender identity or 8 expression, handicap, or marital status as 9 impermissible grounds for discrimination; amending s . 10 760 . 02, F. S . ; adding definitions; amending ss . 760 . 05, 11 760 . 07, and 760 . 08, F.S . ; adding sexual orientation 12 and gender identity or expression as impermissible 13 grounds for discrimination; conforming terminology; 14 amending s . 760 . 10, F.S . ; adding sexual orientation 15 and gender identity or expression as impermissible 16 grounds for discrimination; providing an exception for 17 constitutionally protected free exercise of religion; 18 amending s . 509. 092, F. S . ; adding sexual orientation 19 and gender identity or expression as impermissible 20 grounds for discrimination in public lodging 21 establishments and public food service establishments; 22 providing an exception for constitutionally protected 23 free exercise of religion; amending s . 760 .22, F. S . ; 24 adding definitions; amending ss . 760 . 23, 760 .24, 25 760 . 25, 760 . 26, 760 .29, and 760 . 60, F. S . ; adding 26 sexual orientation and gender identity or expression 27 as impermissible grounds for discrimination; amending 28 s . 419 . 001, F.S . ; conforming a cross-reference; 29 providing an effective date . Page 1 of 17 CODING: Words strickcn are deletions; words underlined are additions . Florida Senate - 2016 SB 120 25-00121-16 2016120 30 31 Be It Enacted by the Legislature of the State of Florida: 32 33 Section 1 . This act may be cited as the "Florida 34 Competitive Workforce Act. " 35 Section 2 . Subsection (1) of section 760 . 01, Florida 36 Statutes, is republished, and subsection (2) of that section is 37 amended, to read: 38 760 . 01 Purposes; construction; title .- 39 (1) Sections 760 . 01-760 . 11 and 509 . 092 shall be cited as 40 the "Florida Civil Rights Act of 1992 . " 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, or based on the perception of, 44 race, color, religion, sex, pregnancy, national origin, age, 45 sexual orientation, gender identity or expression, handicap, or 46 marital status and thereby to protect their interest in personal 47 dignity, to make available to the state their full productive 48 capacities, to secure the state against domestic strife and 49 unrest, to preserve the public safety, health, and general 50 welfare, and to promote the interests, rights, and privileges of 51 individuals within the state. 52 Section 3 . Section 760 . 02, Florida Statutes, is reordered 53 and amended to read: 54 760 . 02 Definitions .—For the purposes of ss . 760 . 01-760 . 11 55 and 509. 092, the term: 56 (7) (1) "Florida Civil Rights Act of 1992" means ss . 760 . 01- 57 760 . 11 and 509. 092 . 58 (2) "Commission" means the Florida Commission on Human Page 2 of 17 CODING: Words strickcn are deletions; words underlined are additions . Florida Senate - 2016 SB 120 25-00121-16 2016120 59 Relations created by s . 760 . 03 . 60 (3) "Commissioner" or `member" means a member of the 61 commission. 62 (4) "Discriminatory practice" means any practice made 63 unlawful by the Florida Civil Rights Act of 1992 . 64 (10) (5) "National origin" includes ancestry. 65 (11)-{-6)- "Person" includes an individual, association, 66 corporation, joint apprenticeship committee, joint-stock 67 company, labor union, legal representative, mutual company, 68 partnership, receiver, trust, trustee in bankruptcy, or 69 unincorporated organization; any other legal or commercial 70 entity; the state; or any governmental entity or agency. 71 (5) (7) "Employer" means any person employing 15 or more 72 employees for each working day in each of 20 or more calendar 73 weeks in the current or preceding calendar year, and any agent 74 of such a person. 75 (6)4)- "Employment agency" means any person regularly 76 undertaking, with or without compensation, to procure employees 77 for an employer or to procure for employees opportunities to 78 work for an employer, and includes an agent of such a person. 79 (8) "Gender identity or expression" means gender-related 80 identity, appearance, or behavior, regardless of whether such 81 gender-related identity, appearance, or behavior is different 82 from that traditionally associated with the person' s physiology 83 or assigned sex at birth, and which gender-related identity can 84 be shown by the person providing evidence, including, but not 85 limited to: 86 (a) Medical history, care, or treatment of the gender- 87 related identity; Page 3 of 17 CODING: Words strickcn are deletions; words underlined are additions . Florida Senate - 2016 SB 120 25-00121-16 2016120 88 (b) Consistent and uniform assertion of the gender-related 89 identity; or 90 (c) Other evidence that the gender-related identity is a 91 sincerely held part of a person' s core identity and is not being 92 asserted for an improper purpose. 93 (9) "Labor organization" means any organization which 94 exists for the purpose, in whole or in part, of collective 95 bargaining or of dealing with employers concerning grievances, 96 terms or conditions of employment, or other mutual aid or 97 protection in connection with employment. 98 (1) (10) "Aggrieved person" means any person who files a 99 complaint with the Florida Commission on Human Relations 100 Commission. 101 (12) (11) "Public accommodations" means places of public 102 accommodation, lodgings, facilities principally engaged in 103 selling food for consumption on the premises, gasoline stations, 104 places of exhibition or entertainment, and other covered 105 establishments . Each of the following establishments which 106 serves the public is a place of public accommodation within the 107 meaning of this section: 108 (a) Any inn, hotel, motel, or other establishment that 109 which provides lodging to transient guests, other than an 110 establishment located within a building that which contains not 111 more than four rooms for rent or hire and that which is actually 112 occupied by the proprietor of such establishment as his or her 113 residence. 114 (b) Any restaurant, cafeteria, lunchroom, lunch counter, 115 soda fountain, or other facility principally engaged in selling • 116 food for consumption on the premises, including, but not limited Page 4 of 17 CODING: Words strickcn are deletions; words underlined are additions . Florida Senate - 2016 SB 120 25-00121-16 2016120 117 to, any such facility located on the premises of any retail 118 establishment, or any gasoline station. 119 (c) Any motion picture theater, theater, concert hall, 120 sports arena, stadium, or other place of exhibition or 121 entertainment. 122 (d) Any establishment that which is physically located 123 within the premises of any establishment otherwise covered by 124 this subsection, or within the premises of which is physically 125 located any such covered establishment, and that which holds 126 itself out as serving patrons of such covered establishment. 127 (13) "Sexual orientation" means an individual' s actual or 128 perceived heterosexuality, homosexuality, or bisexuality. 129 Section 4 . Section 760 . 05, Florida Statutes, is amended to 130 read: 131 760 . 05 Functions of the commission.—The commission shall 132 promote and encourage fair treatment and equal opportunity for 133 all persons regardless of race, color, religion, sex, pregnancy, 134 national origin, age, sexual orientation, gender identity or 135 expression, handicap, or marital status and mutual understanding 136 and respect among all members of society. The commission all 137 cconomic, social, racial, rcligious, and cthnic groups; and 138 shall endeavor to eliminate discrimination against, and 139 antagonism between, persons on the basis of, or based on the 140 perception of, race, color, religion, sex, pregnancy, national 141 origin, age, sexual orientation, gender identity or expression, 142 handicap, or marital status rcligious, racial, and cthnic groups 143 and thcir mcmbcrs . 144 Section 5 . Section 760 . 07, Florida Statutes, is amended to 145 read: Page 5 of 17 CODING: Words strickcn are deletions; words underlined are additions . Florida Senate - 2016 SB 120 25-00121-16 2016120 146 760 . 07 Remedies for unlawful discrimination.—Any violation 147 of any Florida statute making unlawful discrimination because 148 of, or based on the perception of, race, color, religion, 149 gender, pregnancy, national origin, age, sexual orientation, 150 gender identity or expression, handicap, or marital status in 151 the areas of education, employment, housing, or public 152 accommodations gives rise to a cause of action for all relief 153 and damages described in s . 760 . 11 (5) , unless greater damages 154 are expressly provided for. If the statute prohibiting unlawful 155 discrimination provides an administrative remedy, the action for 156 equitable relief and damages provided for in this section may be 157 initiated only after the plaintiff has exhausted his or her 158 administrative remedy. The term "public accommodations" does not 159 include lodge halls or other similar facilities of private 160 organizations which are made available for public use 161 occasionally or periodically. The right to trial by jury is 162 preserved in any case in which the plaintiff is seeking actual 163 or punitive damages . 164 Section 6 . Section 760 . 08, Florida Statutes, is amended to 165 read: 166 760 . 08 Discrimination in places of public accommodation.- 167 All persons are entitled to the full and equal enjoyment of the 168 goods, services, facilities, privileges, advantages, and 169 accommodations of any place of public accommodation without 170 discrimination or segregation on the ground of, or based on the 171 perception of, race, color, national origin, sex, sexual 172 orientation, gender identity or expression, pregnancy, handicap, 173 familial status, or religion. 174 Section 7 . Subsections (1) and (2) , paragraphs (a) and (b) Page 6 of 17 CODING: Words stricken are deletions; words underlined are additions . Florida Senate - 2016 SB 120 25-00121-16 2016120 175 of subsection (3) , subsections (4) , (5) , and (6) , paragraph (a) 176 of subsection (8) , and subsection (9) of section 760 . 10, Florida 177 Statutes, are amended, and subsection (10) of that section is 178 republished, to read: 179 760 . 10 Unlawful employment practices .- 180 (1) It is an unlawful employment practice for an employer: 181 (a) To discharge or to fail or refuse to hire any 182 individual, or otherwise to discriminate against any individual 183 with respect to compensation, terms, conditions, or privileges 184 of employment, because of, or based on the perception of, such 185 individual' s race, color, religion, sex, pregnancy, national 186 origin, age, sexual orientation, gender identity or expression, 187 handicap, or marital status . 188 (b) To limit, segregate, or classify employees or 189 applicants for employment in any way that which would deprive or 190 tend to deprive any individual of employment opportunities, or 191 adversely affect any individual' s status as an employee, because 192 of, or based on the perception of, such individual' s race, 193 color, religion, sex, pregnancy, national origin, age, sexual 194 orientation, gender identity or expression, handicap, or marital 195 status . 196 (2) It is an unlawful employment practice for an employment 197 agency to fail or refuse to refer for employment, or otherwise 198 to discriminate against, any individual because of, or based on 199 the perception of, race, color, religion, sex, pregnancy, 200 national origin, age, sexual orientation, gender identity or 201 expression, handicap, or marital status or to classify or refer 202 for employment any individual on the basis of, or based on the 203 perception of, race, color, religion, sex, pregnancy, national Page 7 of 17 CODING: Words strickcn are deletions; words underlined are additions . Florida Senate - 2016 SB 120 25-00121-16 2016120 204 origin, age, sexual orientation, gender identity or expression, 205 handicap, or marital status . 206 (3) It is an unlawful employment practice for a labor 207 organization: 208 (a) To exclude or to expel from its membership, or 209 otherwise to discriminate against, any individual because of, or 210 based on the perception of, race, color, religion, sex, 211 pregnancy, national origin, age, sexual orientation, gender 212 identity or expression, handicap, or marital status . 213 (b) To limit, segregate, or classify its membership or 214 applicants for membership, or to classify or fail or refuse to 215 refer for employment any individual, in any way that would 216 deprive or tend to deprive any individual of employment 217 opportunities, or adversely affect any individual' s status as an 218 employee or as an applicant for employment, because of, or based 219 on the perception of, such individual' s race, color, religion, 220 sex, pregnancy, national origin, age, sexual orientation, gender 221 identity or expression, handicap, or marital status . 222 (4) It is an unlawful employment practice for any employer, 223 labor organization, or joint labor-management committee 224 controlling apprenticeship or other training or retraining, 225 including on-the-job training programs, to discriminate against 226 any individual because of, or based on the perception of, race, 227 color, religion, sex, pregnancy, national origin, age, sexual 228 orientation, gender identity or expression, handicap, or marital 229 status in admission to, or employment in, any program 230 established to provide apprenticeship or other training. 231 (5) Whenever, in order to engage in a profession, 232 occupation, or trade, it is required that a person receive a Page 8 of 17 . CODING: Words strickcn are deletions; words underlined are additions . Florida Senate - 2016 SB 120 25-00121-16 2016120 233 license, certification, or other credential; ,— become a member or 234 an associate of any club, association, or other organization; ,- 235 or pass any examination, it is an unlawful employment practice 236 for any person to discriminate against any other person seeking 237 such license, certification, or other credential; ,— seeking to 238 become a member or associate of such club, association, or other 239 organization; ,— or seeking to take or pass such examination, 240 because of, or based on the perception of, such other person' s 241 race, color, religion, sex, pregnancy, national origin, age, 242 sexual orientation, gender identity or expression, handicap, or 243 marital status . 244 (6) It is an unlawful employment practice for an employer, 245 a labor organization, an employment agency, or a joint labor- 246 management committee to print, or cause to be printed or 247 published, any notice or advertisement relating to employment, 248 membership, classification, referral for employment, or 249 apprenticeship or other training which indicates, indicating any 250 preference, limitation, specification, or discrimination,— based 251 on a person' s actual or perceived race, color, religion, sex, 252 pregnancy, national origin, age, sexual orientation, gender 253 identity or expression, absence of handicap, or marital status . 254 (8) Notwithstanding any other provision of this section, it 255 is not an unlawful employment practice under ss . 760 . 01-760 . 10 256 for an employer, employment agency, labor organization, or joint 257 labor-management committee to: 258 (a) Take or fail to take any action on the basis of a 259 person' s actual or perceived religion, sex, pregnancy, national 260 origin, age, sexual orientation, gender identity or expression, 261 handicap, or marital status in those certain instances in which Page 9 of 17 CODING: Words strickcn are deletions; words underlined are additions . Florida Senate - 2016 SB 120 25-00121-16 2016120 262 religion, sex, condition of pregnancy, national origin, age, 263 sexual orientation, gender identity or expression, absence of a 264 particular handicap, or marital status is a bona fide 265 occupational qualification reasonably necessary for the 266 performance of the particular employment to which such action or 267 inaction is related. 268 (9) (a) This section does shall not apply to any religious 269 corporation, association, educational institution, or society 270 which conditions opportunities in the area of employment or 271 public accommodation to members of that religious. corporation, 272 association, educational institution, or society or to persons 273 who subscribe to its tenets or beliefs . 274 (b) This section does shall not prohibit a religious 275 corporation, association, educational institution, or society 276 from giving preference in employment to individuals of a 277 particular religion to perform work connected with the carrying 278 on by such corporations, associations, educational institutions, 279 or societies of its various activities . 280 (c) This section and s . 760 . 08 do not limit the free 281 exercise of religion guaranteed by the United States 282 Constitution and the State Constitution. 283 (10) Each employer, employment agency, and labor 284 organization shall post and keep posted in conspicuous places 285 upon its premises a notice provided by the commission setting 286 forth such information as the commission deems appropriate to 287 effectuate the purposes of ss . 760 . 01-760 . 10 . 288 Section 8 . Section 509. 092, Florida Statutes, is amended to 289 read: 290 509. 092 Public lodging establishments and public food Page 10 of 17 CODING: Words strickcn are deletions; words underlined are additions . Florida Senate - 2016 SB 120 25-00121-16 2016120 291 service establishments; rights as private enterprises .- 292 (1) Public lodging establishments and public food service 293 establishments are private enterprises, and the operator has the 294 right to refuse accommodations or service to any person who is 295 objectionable or undesirable to the operator, but such refusal 296 may not be based upon the person' s actual or perceived race, 297 creed, color, sex, pregnancy, physical disability, sexual 298 orientation, gender identity or expression, or national origin. 299 (2) A person aggrieved by a violation of this section or a 300 violation of a rule adopted under this section has a right of 301 action pursuant to s . 760 . 11 . 302 (3) This section does not limit the free exercise of 303 religion guaranteed by the United States Constitution and the 304 State Constitution. 305 Section 9. Section 760 . 22, Florida Statutes, is amended to 306 read: 307 760 . 22 Definitions .—As used in this part cam . 760 . 20 760 . 37, 308 the term: 309 (1) "Commission" means the Florida Commission on Human 310 Relations . 311 (2) "Covered multifamily dwelling" means : 312 (a) A building that which consists of four or more units 313 and has an elevator; or 314 (b) The ground floor units of a building that which 315 consists of four or more units and does not have an elevator. 316 (3) "Discriminatory housing practice" means an act that is 317 unlawful under the terms of this part ss . 760 . 20 760 . 37 . 318 (4) "Dwelling" means any building or structure, or portion 319 thereof, which is occupied as, or designed or intended for Page 11 of 17 CODING: Words strickcn are deletions; words underlined are additions . Florida Senate - 2016 SB 120 25-00121-16 2016120 320 occupancy as, a residence by one or more families, and any 321 vacant land that which is offered for sale or lease for the 322 construction or location on the land of any such building or 323 structure, or portion thereof. 324 (5) "Familial status" is established when an individual who 325 has not attained the age of 18 years is domiciled with: 326 (a) A parent or other person having legal custody of such 327 individual; or 328 (b) A designee of a parent or other person having legal 329 custody, with the written permission of such parent or other 330 person. 331 (6) "Family" includes a single individual. 332 (7) "Gender identity or expression" has the same meaning as 333 provided in s . 760 . 02 . 334 (8) (7) "Handicap" means : 335 (a) A person has a physical or mental impairment that which 336 substantially limits one or more major life activities for a 337 person who has, or he or she has a record of having, or is 338 regarded as having that, such physical or mental impairment; or 339 (b) A person has a developmental disability as defined in 340 s . 393 . 063 . 341 (9) * "Person" includes one or more individuals, 342 corporations, partnerships, associations, labor organizations, 343 legal representatives, mutual companies, joint-stock companies, 344 trusts, unincorporated organizations, trustees, trustees in 345 bankruptcy, receivers, and fiduciaries . 346 (10) "Sexual orientation" has the same meaning as provided 347 in s . 760 . 02 . 348 (11)+9* "Substantially equivalent" means an administrative Page 12 of 17 CODING: Words strickcn are deletions; words underlined are additions . Florida Senate - 2016 SB 120 25-00121-16 2016120 349 subdivision of the State of Florida meeting the requirements of 350 24 C. F.R. part 115, s . 115 . 6. 351 (12) (10) "To rent" includes to lease, to sublease, to let, 352 and otherwise to grant for a consideration the right to occupy 353 premises not owned by the occupant. 354 Section 10 . Subsections (1) - (5) of section 760 . 23, 355 Florida Statutes, are amended to read: 356 760 .23 Discrimination in the sale or rental of housing and 357 other prohibited practices .- 358 (1) It is unlawful to refuse to sell or rent after the 359 making of a bona fide offer, to refuse to negotiate for the sale 360 or rental of, or otherwise to make unavailable or deny a 361 dwelling to any person because of, or based on the perception 362 of, race, color, national origin, sex, sexual orientation, 363 gender identity or expression, handicap, familial status, or 364 religion. 365 (2) It is unlawful to discriminate against any person in 366 the terms, conditions, or privileges of sale or rental of a 367 dwelling, or in the provision of services or facilities in 368 connection therewith, because of, or based on the perception of, 369 race, color, national origin, sex, sexual orientation, gender 370 identity or expression, handicap, familial status, or religion. 371 (3) It is unlawful to make, print, or publish, or cause to 372 be made, printed, or published, any notice, statement, or 373 advertisement with respect to the sale or rental of a dwelling 374 that indicates any preference, limitation, or discrimination 375 based on a person' s actual or perceived race, color, national 376 origin, sex, sexual orientation, gender identity or expression, 377 handicap, familial status, or religion or an intention to make Page 13 of 17 CODING: Words strickcn are deletions; words underlined are additions . Florida Senate - 2016 SB 120 25-00121-16 2016120 378 any such preference, limitation, or discrimination. 379 (4) It is unlawful to represent to any person because of, 380 or based on the perception of, the person' s race, color, 381 national origin, sex, sexual orientation, gender identity or 382 expression, handicap, familial status, or religion that any 383 dwelling is not available for inspection, sale, or rental when 384 such dwelling is in fact so available. 385 (5) It is unlawful, for profit, to induce or attempt to 386 induce any person to sell or rent any dwelling by a 387 representation regarding the entry or prospective entry into the 388 neighborhood of a person or persons of, or perceived to be of, a 389 particular race, color, national origin, sex, sexual 390 orientation, gender identity or expression, handicap, familial 391 status, or religion. 392 Section 11 . Section 760 .24, Florida Statutes, is amended to 393 read: 394 760 . 24 Discrimination in the provision of brokerage 395 services .—It is unlawful to deny any person access to, or 396 membership or participation in, any multiple-listing service, 397 real estate brokers' organization, or other service, 398 organization, or facility relating to the business of selling or 399 renting dwellings, or to discriminate against him or her in the 400 terms or conditions of such access, membership, or 401 participation, because on account of, or based on the perception 402 of, race, color, national origin, sex, sexual orientation, 403 gender identity or expression, handicap, familial status, or 404 religion. 405 Section 12 . Subsection (1) and paragraph (a) of subsection 406 (2) of section 760 .25, Florida Statutes, are amended to read: Page 14 of 17 CODING: Words strickcn are deletions; words underlined are additions . Florida Senate - 2016 SB 120 • 25-00121-16 2016120 407 760 . 25 Discrimination in the financing of housing or in 408 residential real estate transactions .- 409 (1) It is unlawful for any bank, building and loan 410 association, insurance company, or other corporation, 411 association, firm, or enterprise the business of which consists 412 in whole or in part of the making of commercial real estate 413 loans to deny a loan or other financial assistance to a person 414 applying for the loan for the purpose of purchasing, 415 constructing, improving, repairing, or maintaining a dwelling, 416 or to discriminate against him or her in the fixing of the 417 amount, interest rate, duration, or other term or condition of 418 such loan or other financial assistance, because of, or based on 419 the perception of, the race, color, national origin, sex, sexual 420 orientation, gender identity or expression, handicap, familial 421 status, or religion of such person or of any person associated 422 with him or her in connection with such loan or other financial 423 assistance or the purposes of such loan or other financial 424 assistance, or because of, or based on the perception of, the 425 race, color, national origin, sex, sexual orientation, gender 426 identity or expression, handicap, familial status, or religion 427 of the present or prospective owners, lessees, tenants, or 428 occupants of the dwelling or dwellings in relation to which such 429 loan or other financial assistance is to be made or given. 430 (2) (a) It is unlawful for any person or entity whose 431 business includes engaging in residential real estate 432 transactions to discriminate against any person in making 433 available such a transaction, or in the terms or conditions of 434 such a transaction, because of, or based on the perception of, 435 race, color, national origin, sex, sexual orientation, gender Page 15 of 17 CODING: Words strickcn are deletions; words underlined are additions . Florida Senate - 2016 • SB 120 25-00121-16 2016120 436 identity or expression, handicap, familial status, or religion. 437 Section 13 . Section 760 . 26, Florida Statutes, is amended to 438 read: 439 760 . 26 Prohibited discrimination in land use decisions and 440 in permitting of development.—It is unlawful to discriminate in 441 land use decisions or in the permitting of development based on 442 a person' s actual or perceived race, color, national origin, 443 sex, sexual orientation, gender identity or expression, 444 disability, familial status, religion, or, except as otherwise 445 provided by law, the source of financing of a development or 446 proposed development. 447 Section 14 . Paragraph (a) of subsection (5) of section 448 760 . 29, Florida Statutes, is amended to read: 449 760 . 29 Exemptions .- 450 (5) Nothing in ss . 760 . 20-760 . 37 : 451 (a) Prohibits a person engaged in the business of 452 furnishing appraisals of real property from taking into 453 consideration factors other than race, color, national origin, 454 sex, sexual orientation, gender identity or expression, 455 handicap, familial status, or religion. 456 Section 15 . Subsection (1) of section 760 . 60, Florida 457 Statutes, is amended to read: 458 760 . 60 Discriminatory practices of certain clubs 459 prohibited; remedies .- 460 (1) It is unlawful for a person to discriminate against any 461 individual because of, or based on the perception of, race, 462 color, religion, gender, national origin, handicap, age above 463 the age of 21, sexual orientation, gender identity or 464 expression, or marital status in evaluating an application for Page 16 of 17 CODING: Words strickcn are deletions; words underlined are additions . Florida Senate - 2016 SB 120 25-00121-16 2016120 465 membership in a club that has more than 400 members, that 466 provides regular meal service, and that regularly receives 467 payment for dues, fees, use of space, facilities, services, 468 meals, or beverages directly or indirectly from nonmembers for 469 business purposes . It is unlawful for a person, on behalf of 470 such a club, to publish, circulate, issue, display, post, or 471 mail any advertisement, notice, or solicitation that contains a 472 statement to the effect that the accommodations, advantages, 473 facilities, membership, or privileges of the club are denied to 474 any individual because of, or based on the perception of, race, 475 color, religion, gender, national origin, handicap, age above 476 the age of 21, sexual orientation, gender identity or 477 expression, or marital status . This subsection does not apply to 478 fraternal or benevolent organizations, ethnic clubs, or 479 religious organizations where business activity is not 480 prevalent. 481 Section 16. Paragraph (e) of subsection (1) of section 482 419. 001, Florida Statutes, is amended to read: 483 419. 001 Site selection of community residential homes .- 484 (1) For the purposes of this section, the term: 485 (e) "Resident" means any of the following: a frail elder as 486 defined in s . 429. 65; a person who has a handicap as defined in 487 s . 760 . 22 (8) (a) s . 760 . 22 (7) (a) ; a person who has a 488 developmental disability as defined in s . 393 . 063; a 489 nondangerous person who has a mental illness as defined in s . 490 394 . 455; or a child who is found to be dependent as defined in 491 s . 39 . 01 or s . 984 . 03, or a child in need of services as defined 492 in s . 984 . 03 or s . 985 . 03 . 493 Section 17 . This act shall take effect July 1, 2016. Page 17 of 17 CODING: Words strickcn are deletions; words underlined are additions . Commissioner Dixie Spehar ORDINANCE NO n3 - 2001 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DEFINING HUMAN RIGHTS, PROHIBITING VIOLATIONS OF SUCH RIGHTS, PROVIDING REMEDIES, AMENDING CLASSIFICATIONS IN FAIR HOUSING ARTICLE; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Chapter 13, Article VI, Monroe County Code shall be amended as follows: N -*t i o ARTICLE VI. DISCRIMINATION r— ` o O rnr DIVISION 1. c7=r- + -n cc�• v CO Section 1. Sections 13-101 through 13-106 shall be created to read as f Vo s: -0 rn7 Sec. 13-101. Title. yam c Sections 13-101 through 13-106 inclusive may be cited as the "Monroe County Human Rights Ordinance." Sec. 13-102. Definitions. For purposes of sections 13-101 through 13-106 inclusive, the following words and terms shall have the meaning ascribed thereto: Bona fide occupational qualification means that an employer can demonstrate that a particular characteristic or the absence thereof is reasonably necessary to the essence of the employer's business and that all or substantially all persons with or without the characteristic (as the case may be) are unable to perform the duties of the position in question. Credit transaction means the grant, denial, extension or termination of credit to an individual. Disability means: (1) A physical or mental impairment which substantially limits one (1) or more of a person's major life activities; (2) A record of such impairment; or (3) The perception of having such an impairment. The term does not include persons who have current, illegal use of or addiction to a controlled substance as defined by Section 893.02, Florida Statutes, as now enacted or hereinafter amended. A disabled individual is "qualified" with respect to employment if such individual can perform the essential functions of the job in question with reasonable accommodations. "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. "Substantially limited" means likely to experience difficulty in securing, retaining or advancing in employment because of a disability. Employee means an individual who is engaged to work for or under the direction and control of another for monetary or other valuable consideration. Employer means any person employing fifteen (15) or more employees for each working day in each of twenty (20) or more calendar weeks in the current or preceding calendar year, and any agent of such person, but such term does not include the United States or a corporation wholly owned by the government of the United States. Employment agency means a person that undertakes to procure employees or opportunities to work for potential employees, either through interviews, referrals, advertising or any combination thereof. Familial status means the status of living alone or in any familial relationship whatsoever, including, but not limited to, living with a partner, whether maintaining the legal status of being single, married, divorced, separated or widowed, and whether the partner is same sex or opposite sex, and of living with one (1) or more dependents, whether minor or disabled children or parents. Labor organization means any person which exists and is constituted for the purpose, in whole or in part, of collective bargaining or of representing employees in dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours or other terms or conditions of employment. Public accommodation means a place, business establishment or agency that sells, leases, provides or offers any product, facility or service to the general public, regardless of ownership or operation: (1) By a public body or agency; (2) For or without regard to profit; or (3) For a fee or not for a fee. An institution, club, association or other place of accommodation which has more than one hundred (100) members, and provides regular meal service and regularly receives payment for dues, fees, accommodations, facilities or services from or on behalf of nonmembers for the furtherance of trade or business shall be considered a place of public accommodation for purposes of this ordinance. Person means any natural person, firm, corporation, labor organization, partnership or other organization, association or group however organized. Religion means all aspects of religious observance and practice, as well as belief. Sexual orientation means the actual or perceived state of heterosexuality, homosexuality or bisexuality. Sexual harassment means any unwelcome sexual advances or requests for sexual favors or conduct of a sexual nature when: (1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; or (2) Submission to or rejection of such conduct by an individual is used as the basis for any employment decision affecting the individual; or (3) Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. Sec. 13-103. Prohibited conduct. 2 (a) No person shall directly or indirectly discriminate against any individual in hiring, classification, grading, discharge, discipline, compensation or other term or condition of employment because of the individual's race, color, sex, religion, disability, national origin, ancestry, sexual orientation, familial status or age. No employment agency shall directly or indirectly discriminate against any individual in classification, processing, referral or recommendation for employment because of the individual's race, color, sex, religion, disability, national origin, ancestry, sexual orientation, familial status, or age. The prohibitions contained in this paragraph shall not apply to any of the following: (1) Use of an individual's unfavorable discharge from military service. as a valid employment criterion where the affected position of employment involves the exercise of fiduciary responsibilities and the reasons for the unfavorable discharge relate to his or her fiduciary capacity. (2) Hiring or selecting between individuals for bona fide occupational qualifications. (3) Giving preferential treatment to veterans and their relatives as required by federal or state law or regulation. (b) No employer, employee, agent of an employer, employment agency, or labor organization shall engage in sexual harassment. An employer shall be liable for sexual harassment by nonemployees or nonmanagerial and nonsupervisory employees only if the employer becomes aware of the conduct and fails to take reasonable corrective measures. (c) No employer shall refuse to make all reasonable efforts to accommodate the religious beliefs, observances and practices of an employee unless the employer demonstrates that the employer is unable to reasonably accommodate the employee's religious observance or practice without undue hardship on the conduct of the employer's business. Reasonable efforts to accommodate include, but are not limited to, allowing an employee: (1) To take a day of paid leave or vacation, where applicable under the employee's employment agreement; or (2) To be excused from work without pay and without discipline or other penalty; or (3) To elect to take the day off with pay in order to practice the employee's religious beliefs, and to make up the lost work time within the same pay period of the employer at a time and date consistent with the operational need of the employer's business. Any employee who elects such deferred work shall be compensated at his or her regular rate of pay, regardless of the time and date at which the work is made up. The employer may require that any employee who plans to exercise option (3) of this subsection provide the employer with notice of the employee's intention to do so, no less than ten (10) days prior to the date of absence. (d) No person shall discriminate against any individual in any aspect of any credit transaction, or in any terms and conditions of bonding because of the individual's race, color, sex, religion, disability, national origin, ancestry, sexual orientation, familial status or age. (e) No person who owns, leases, rents, operates, manages or in any manner controls a public accommodation shall withhold, deny, curtail, limit or discriminate concerning the full use of such public accommodation by any individual because of the individual's race, color, sex, religion, disability, national origin, ancestry, sexual orientation, familial status or age. The prohibition contained in this section, shall not apply to any facility, as to discrimination based on sex, which is distinctly private in nature, such as restrooms, shower rooms, and dressing rooms. (f) No person shall retaliate against any individual because that individual in good faith has made a charge, testified, assisted or participated in an investigation, proceeding or hearing under this ordinance. 3 Sec. 13-104. Penalties; enforcement by civil action. (a) Any person violating the provisions of the Monroe County Human Rights Ordinance shall upon written citation be subject to the penalties provided in section 6.3-34 of the Monroe County Code. (b) The Monroe County Human Rights Ordinance may additionally be enforced by civil action, including action for equitable relief, by any aggrieved person in a court of competent jurisdiction. Sec. 13-105. Nonwaivability. Any written or oral agreement which purports to waive any provision of section 13-103 is against public policy and void. Sec. 13-106. Liberal construction; alternative remedies. The provisions of this ordinance shall be liberally construed for the accomplishment of the purpose hereof. Nothing in this ordinance shall be construed to limit rights granted under the laws of the State of Florida or the United States. Nothing in this ordinance shall be construed to waive the right of any person to file a charge with any agency with the authority to investigate or act upon the complaint. Section 2. Sec. 13-111 shall be amended to read as follows: DIVISION 2. FAIR HOUSING Sec. 13-111. Declaration of policy. It is hereby declared to be the policy of the county in the exercise of its police power for the public safety, public health and general welfare, to assure equal opportunity to obtain adequate housing by all persons regardless of race, color, sex, religion, disability, national origin, ancestry, place-ef h si icap, sexual orientation, familial status, or age, and to that end, to eliminate discrimination in housing. Section 3. Sec. 13-112(e) shall be amended to read: (e) Discrimination means any difference in treatment based on race, color, sex, religion, disabili , national origin, ancestry, handicap, piaee—ef—birt, sexual preference orientation, familial status or aae, Section 4. Sec. 13-115. Unlawful practices shall be amended to read as follows: In connection with any of the transactions set forth in this section which affect any housing operation on the open market, or in connection with any public sale, purchase, rental, or lease of any housing accommodation, it shall be unlawful within the unincorporated areas of the county for a person, owner, financial institution, real estate broker or real estate salesman, or any representative of the above: (1) To refuse to sell, purchase, rent or lease, or otherwise deny to or withhold any housing accommodation from a person, or to evict a person because of his race, color, sex, religion, disability, ancestry, sex; place birth, handicap national origin, ancestry, sexual preference orientation, familial status or age. 4 (2) To discriminate against a person in the terms, conditions or privileges of the sale, purchase, rental or lease of any housing accommodation, or in the furnishing of facilities or services in connection therewith. (3) To refuse to receive or transmit a bona fide offer to sell, purchase, rent or lease any housing accommodation from or to a person because of race, color, sex, religion, disability, ancestry, sex7 place-ef bid handieap national origin, ancestry, sexual preference orientation, familial status or age, (4) To evict or to refuse to negotiate for the sale, purchase, rental or lease of any housing accommodation to a person because of race, color, sex, religion, disability, ancestry, sex; place-of birt , handicap national origin, ancestry, sexual preference orientation, familial status or age, (5) To represent to a person that any housing accommodation is not available for inspection, sale, purchase, rental or lease when in fact it is so available, or to refuse to permit a person to inspect any housing accommodation because of his race, color, sex, religion, disability, ancestry, sex; place-ef-bifth, handicap national origin, ancestry, sexual preference orientation, familial status or age, when such dwelling is in fact available to persons who are financially qualified. (6) To make, publish, print, circulate, post or mail, or cause to be made, published, printed, circulated, posted or mailed, any notice, statement or advertisement, or to announce a policy , or to sign or to use a form of application for a sale, purchase, rental, lease or financing of any housing accommodation, which indicates any discrimination or any intent to discriminate. (7) To offer, solicit, accept or use a listing of any housing accommodation for sale, purchase, rental or lease knowing that a person may be subjected to discrimination in connection with such sale, purchase, rental or lease, or in the furnishing of facilities or services in connection therewith. (8) To induce or discourage, or to attempt to induce or discourage: a. The sale; b. The purchase; c. The rental; d. The lease; e. The listing for a, b, or d, above of any housing accommodations in an area by means of: 1. Causing panic; 2. Inciting unrest; or 3. Creating or playing upon fear, by representing that the presence or anticipated presence in that area of persons of any particular race, color, sex, religion, disability, ancestry, sex, place of birth, handicap national origin, ancestry, sexual preference orientation, familial status or age, will or may result in: (i) The lowering of property values in the area; (ii) The increase in criminal or antisocial behavior in the area; or (iii) A decline in the quality of the schools serving the area. (9) For any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance to a person applying there for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loans or other financial assistance because of the race, color, sex, religion, disability, ancestry, sex7 placed', handicap national origin, ancestry, sexual 5 preference orientation, familial status or age, of such person or of any person associated with him in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given. (10) To deny any person who is otherwise professionally qualified by state law access to, or membership or participation in, any multiple listing service, real estate broker's organization, or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, sex, religion, disability, ancestry, sew birtT handicap national origin, ancestry, sexual preference orientation, familial status or age. Section 5. Sec. 13-115A shall be created to read as follows: Sec. 13-115A Exemption. Nothing in Sec. 13-115 prohibits a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of any dwelling which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such person, unless membership in such religion is restricted on account of race, color, or national origin. Section 6. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 7. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 8. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 9. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 17th day of October , 2001. co . . yor George Neugent yes o .c• missioner Charles McCoy _ yes 4' •c� '23 .�1 issioner Murray Nelson yes 0 1� �,j issioner Dixie Spehar yes .` !i- issioner Nora Williams yes ' r r V ,,:7 BOARD OF COUNTY COMMISSIONERS �,. r �� o, a NNY L.KOLHAGE, Clerk OF M ROE COUNTY, FLORID ci • / C A. �,alma) ,C. Deputy Clerk Mayor/ irperson ZSIStur jdordhuman APPROVED AS TO FOR AND GAL SUFFICIE BY ANN�r A. H TTON 6 n ATG ... g. uo of I U.S. Postal Service CERTIFIED MAIL ECEIPT(Domestic Mail Only;No InSU ance Coverage provided) II . Article Sent To: IN 0 34- 0 3c" 0 3b 'o l Ca Postage ___ .---1 �} rl Certified Fee (0 �V +�,.ark Return Rt Fee 9".Cr /, Here u7 (Endorsemenece Required) / n o C7 Fee t VVV Restricted Delivery En (Endorsement Required) � O Total Posta e e&Fees E q ' 1. O 1/ •t itart•uYaaGtur •= •...�i_• - I Name(Please Print Clear! .to 6coto:r' o- s-:aat;Apt.Tallabassee, F[_- 32316 2235 ---------------------------------- Tr O City,State,ZI15+4 See Reverse for Instructions t ,S ronn 3800,July 1999 i • 4=19 i Thrpra _tion a \XV\ - • ,73f.Z7',:ti•1.7:1:7:::=17.77.nfo@ipail.municode.com PM de Tallahassee. Fl 32316-2235 41 im c '..f..NOVI9'0) •.44 e ,L 15=1 • 1114. .1"1 Pi.."- Lumr474*-4:)-9-Parrrre"--- ----- 8138759. • `'" -E2 lha Eiaterial through fr your assistance and Ordinance Nor.. 034-2001, 035-2001 and 036-2001. TO: B50-cj.544 MD:i M . Isabel C. Desantie c. at v.inicode.cop Deputy Clerk • ofdaraiaii. unir_ode.corA Monroe County cf rda.ling out Codas and Supplulent? 500 Whitehead Street additional ,:opies of Codes? Key West, FL 33040 tat .c79d •:PloS iCf • 741.:C...14C-)40e•Sei1 tithinlifii11111111111M1111 SENDER: COP,!/ i, '. •,,i,SE t:IION i OMi,f '' . ' ,7r,DI LA CPY • Complete items 1,2,and 3.Also complete eceived by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. /`r0, //ijhercZ-'fi--/Y ey ■ Print your name and address on the reverse C.Sig re sothat can return the card to you. 6 0 Agent • Attach this card to the back of the mailpiece, ❑Addressee or on the front if space permits. D. Is delivery address diffe Item 1? 0 Yes 1. Article Addressed to: if YES,enter delivery address below: ❑No Municipal Code Corporation P. O. Box 2235 Tallahassee, FL 32316-2235 3. se a Type 1rCertified Mail 0 Express Mail 0344— 0...04.- \ 0 Registered 0 Return Receipt for Merchandise V 3 rS— -L�G'7 l 0 Insured Mail 0 C.O.D. 03j.. — NO 0\ 4. Restricted Delivery?(Extra Fee) ❑Yes • 2. Article Number(Copy from service labe �� 1cgG 3y-DO coo at 11% PS Form 3811,July 1999 Domestic Return Receipt 102595.00-M-09$2 • DIVISIONS OF FLORIDA DEPARTMENT OF STATE K( i.._ , ,'Division HISTORIC PRESERVATION BOARDS Office of the Secretary Historic Florida Keys Preservation Board Division of Administrative Services ^ Historic Palm Beach County Preservation Board Division of Corporations Historic Pensacola Preservation Board Division of Culttual Airs r— Historic St.Augustine Preservation Board of ElectionsDivision of Historical Resources ��; .-r Historic Tallahassee Preservation Board Division of library and Information ServicesHistoric Tampa,xlreserough Ceunty Preservation Board Division of licensingRINGLING MUSEUM OF ART MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE Katherine Harris Secretary of State DIVISION OF ELECTIONS November 14, 2001 Honorable Danny L. Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West,Florida 33040 Attention: Pam Hancock,Deputy Clerk Dear Mr. Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated November 7, 2001 and certified copies of Monroe County Ordinance Nos. 034-2001 through 038-2001, which were filed in this office on November 14, 2001. Sincerely, • Liz Cloud, Chief Bureau of Administrative Code LC/mp o o -n _r r CD . 1/40 o cpr- rn -n = f-n r- m •• p -J d BUREAU OF ADMINISTRATIVE CODE The Collins Building • 107 West Gaines Street • Tallahassee,Florida 32399-0250 • (850)245-6270 FAX: (850)245-6282 • WWW Address: http://www.dos.state.fLus • E-Mail: election@mail.dos.state.}l.us r SENDER:COMPLETE. THIS SECTION COMPLE.TE THJ,ECTION ON DEL iVERY II Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. r. , - a • Print your name and address on the reverse .C. signatur so that we can return the card to you. e)PPARTMENT OFIJTE • Attach this card to the back of the mailpiece, X El Addressee or on the front if space permits. D. Is delivery address different from item 1? 0 Yes ' 1. Article Addressed t/� / If YES,enter delivery address below: El No • Coll,ns .131cy• WI1B2001 Wesi Ga �'h e S ST.. C! •f e L y3 3. Serve Type E'Certifled Mail ElExpress Mall El Registered ReturnReceipt for Merchandise (LA A SS e Z F L 3 239 — 0 Insured Mail 0 C.O.D. 0 256 4. Restricted Delivery?(Extra Fee) 0 Yes 2. A PSI 102595.00-M-0952 1 9 U.S. Postal Service"i" CERTIFIED MAI RECEIPT (Domestic Mail Only;No I -urance Coverage Provided) Article Sent To: r�._�-/-�S t�3�� pr ado, 43 Q Q3 G S. 03 Postage $ _ � Certified 2 � 0 4 --- d Fee 4o•-''ark Return Receipt Fee �r 1J7 (Endorsement Required) (•�— •/ • r, •G Restricted Delivery Fee 9 ZQpj Ii (Endorsement Required) r IO Total Postage&Fees . f e(Please Pn?sYie cor • .•b-717 ,,m.-o ------------- ------, 3r ri-i 0...2.,.,. ptioxNo !__-- -fet�p 11-0+4/--- 323. / l.�..I rz h4 .l.Se e - - Scy Reverse for instructions • vdt.,7t•Aiht.C_ o34o•L l 0 I Till; 6 A, r ] YaI:r Upper Keys Connection aed PORTER • No.6728600,Human NOTICE OF INTENTION P.O.Box 1197•Tavernier,Florida 33070-1197 TO CONSIDER ADOP. (305)852-3216 Fax:(305)852-8240 TIONOF COUNTY OR- DINANCE NOTICE IS HEREBY PROOF OF PUBLICATION GIVEN:TO WHOM.IT MAY CONCERN that on Wednesday,October 17, 2001 at3:00 PM at the STATE OF FLORIDA Harvey Government' . Center-Truman School, COUNTY OF MONROE 12noTtuntanAvenue„ . 'KaisyNiMeMpnrna ltl i in} Before the undersigned authority c uFntyydCommissio�s personally appeared KATHLEEN BRYAN of Monroe County,Flori- da, er who on oath, says that she is GENERAL the adointeption of the follow- MANAGER y the adoption ofthe follow- MANAGER o THE REPORTER, a weekly ing County ordinance: newspaper entitled to publish legal AN ORDINANCE OF advertising published at Tavernier, THE BOARD;OF COUN- Monroe County, Florida: that the attached OFCOMMISSIONERSNOECOUNTY, OF�MONROE COUNTY, copy of advertisement, being LEGAL FLORIDA,DEFINING NOTICE in said newspaper in the issue of: HUMANIBm VIOLATIONS HIBmNG VIOLATIONS OF SUCH RIGHTS, PROVIDING REME- DIES,AMENDING CLASSIFICATIONS IN September 27th & October 4th, 2001 FAIR HOUSING ARTI, CLE;PROVIDING FOR -SEVERABILITY;PRO- VIDINGAffiant further says that THE REPORTER EALFALL RDI- PEAL OF ALL ORDI- is a newspaper published at Tavernier, in NANCESINCONSIS- said Monroe County, Florida, and that the PROVIDINGFORI PROVIDING FOR IN- said newspaper has heretofore been CORPORATION INTO continuously published in the said THEMONROECOUN- • Monroe County, Florida, each week (on f ANCES ANPRO- Thursday), and has been entered as VIDINGAN EFFECTIVE DATE'. second class mail matter at the Post Office in Tavernier, in said County of .Pursuant toSection 286.0105,Florida Monroe, Florida, for a period of one year Statutes,notice isgiven next preceding the first publication of the that if apersen decides to attached copy of advertisement; and made i made by the Board with affiant further says that he has neither respect to any matter. considered at the hear-3 ^D paid nor promised any firm, person, or 'ing,hewillneedarecore o corporation any discount, rebate, of the proceedings,andM ?' z I- commission or refund for the purpose of that,for such purpose,1161,2: p ITi may need to ensure thaF'L•-.; t 0 securing this advertisement for a verbatim record of then' publication in the said newspaper and that proceedings is made, CEO; cri Q which record includest r: The Reporter is in full compliance with testimony and evidence-I- P 3,. Chapter 50 of the Florida State Statutes on upon which the appeal7S!z a rn Legal and Official Advertisements. to be based. 1— a) o Copies of the above-rb " 1j Xi erenced ordinance are rt; O available for review at the various public libraries in Monroe County,Florida. lori- Sworn to and subscribed before me this Dathis24thted at ayWeof, ap- th da,this 24th day of Sep- 4 day of October, 2001. , tember,2001:DANNY L. . K of the irutnd:,;4; Ai%di CircutCora xoffi(SEAL) rMYCorn H°es cio Clerk of the Board of "0 �. . tsst� (SEAL)- es M CC7a3� 15804?pQ2 sioners f oe Coun- ty, Florida Publlah:9127/01&- 1014/01 Notary The Reporter Tavernier,FL 33070 0.54•Zoo[ IIII.EFLORIPA KITS KEYNOTER . .., • _:•.. . Published Twice Weeklyn°'e. •: . .:NOTIL`BOFf~ION.TO'. -Marathon Monroe County Florida• CO.NSIDERADOIiNCEF ► ► COUNTY:ORDINANCE'.. 'NOTICE.*HEREBY GIVEN TO PROOF OF PUBLICATION 2001t1�/n W�HOMITIJIAYCONC that t.3:00 PWI•et the Hervey. Governalent-Center -`Truman • School, 1,200 Truman Avenue, ::_Key'"West;•. Monrw :County.: ;:Redda,..the Board:of•County • STATE OF FLORIDA Commissioners `of. Monroe .COUNTY OF MONROE sleodu:n1ty'F.laddsintenhefotw- sider'th edoptioh cethefoBbw- inp•carr county crdinence• 'AN •ORDINANCE OF THE . Before the undersigned authority person- 90ARDOFQo41NTYCOMMIS-. ' •SI, FLORID MONROE COUI� ally appeared WAYNE MARKHAM who on TM FLOAIDA,.DEFINING H MAN'"RiGliTS: P.ROHIBI1lNG• ' oath, says that he is PUBLISHER of the viDLAT1oNs'. of . E Y •.:CATI�kn ri llt.l FLORIDA KEYS KEYNOTER, a twice • �► 'INsFAiIE= NG: C RRr]VIDI G" .FOR. SE . RAJ3ilITYrEP..PNOVIDING weekly newspaper published in Marathon, -.FOR,TMEFir as.;oFAll.OR- . DIN NOES iNCONSL9TENi in Monroe County, Florida:. that the +IER�VYITH;'PROVwrNG.'FOR '. tNCORPORATION;.INTO THE attached copy of advertisement was . MONROI:-COUNTY'CODE.OF. ORDI NCES AND PROS(ID- published in said newspaper in the issues i gAi ElrrivEgAtE of: (date(s) of publication) TPurwehoto'seosa 2ett;l os l I WeE FitftStaNMis MOCele`91 ett 1 1 `rV C� tf• �� a r s •i Ro bet:rliino: `J\ 'IT AI` J`ir LP I DS r Board with respect to-Any mat '•ter considered at the Joanna,tat wi0 need a record of the pro-" ''ceedinga,end-thet,for such pur pose, he may need to ensure Affiant further says that the said FLORIDA -that a verbatim[ record of the Y gomnri Yinps fe made.t incy14 re- KEYS KEYNOTER is a newspaper published evidenGudeathe which evM�nce,uPon which the appeal at Marathon, in said Monroe County, latobeb0sed. • Florida, and that the said newspaper has ordinanc the liTiralrei:a7ree-cfi vir- heretofore been continuously published in 'inss in Mat tnrohe eriountyu Florida. . in Monroe County, said Monroe County, Florida, twice each DatedatKeyWest,Floride,this 24th day of September,2001. week (on Wednesday and Saturday) and DANNYLKOLHAGE has been entered as a second class mail Clerk of the Circuit Court and ee officio Clerk of the Board of County Commissioners of matter at the post office in Marathon, in Monroe County,Rorida Monroe County, Florida, for a period of Publish September29,October _ • one year next preceding the first Florida Keys Keynoter , N publication of the attached copy of a a _o — advertisement. The affiant further says - — rn that he has neither paid nor promised any m1-= —Iv person, firm, or corporation any discount, c�.� — "fi rebate, commission or refund for the �-`—, o a) purpose of securing this advertisement for r- a ,o rn publication in the said newspaper(s) and A. that The Florida Keys Keynoter is in full -II o C) compliance with Chapter 50 of the Florida o a State Statutes on Legal and Official Advertisements. ♦p'RY p'W OFFICIAL SOW3ERNOTARY GEER Sworn o and i3s d e me °1, `'0 this Day f i * COMMISSION NUMBER t J� , 2001 wu'• •• Q oast,r2o `SE ) 9hi'�f f�0(i' MYCOMMiSSiONEXPIRES DUNE 26,2005 Notary • KE%Es-r J J ITIZEN 3420 Northside Drive Key West Fl. 33040 Office 305-294-6641 Fax 305-294-0768 Published Daily • Key West,Monroe County,Florida 33040 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson,who on oath says that he is director of the Advertising Department of the Key West Citizen,a daily newspaper published in Key West, in Monroe County,Florida; that the attached copy of advertisement,being a legal notice in the matter of Plat- zlcvr..a 4J In the . Court,was published in said newspaper in the issues of 4-1/2.ermikt, SB,, zoo/ Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County,Florida each day(except Saturdays) and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceeding the first publication of the attached copy of advertisement; and affiant further says that he has neitherrpaid no , promised any person,firm or corporation any discount,rebate, commission or Rfua.fog r— the purpose of securing this advertisement for publication in the said newspape P E s.73 o o�� 0 m • • n t Sigure of Affiant �-� r— •• Co N CI Sworn and subscribed before me this 5. day of OC. eL, , 2001 `,ignature of Notary Public „e�01110110,0,,� goy ssi�oN�' poh��23,20 Ai•. 0?9N Expires: July 23,2004 Sealy• *`_ Personally Known x Produced Identification 2:• 55515 Type of Identification Produced �TA• iicc8 Bawea�,Nt� ,o?; NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORdNANCi . NOTICE IS 'HEREBY taiii6ti TO WHOM IT MAY CONCERN that on Wednesday, October 17, 2001 •at 3:00 PM'at the Harvey Government Center-Truman School, 1200.Trti= man Avenue, Key. West; Monroe County,Florida,the Board of County Commissioners of Monroe::County,: Florida, Intends to 'consider •the adoption of the following County or- dinance: . AN ORDINANCE OF THE BOARD •OF COUNTY CO ' •MONROE COUNTY,ta" . .IIDIi; PA .GTTNQ VIOLATIONS S SUCH RIONTS,PROVIDING IIEMEDIES, AMENDING CLASSIFICATIONS IN FAIR HOUSING ARTICLE;PRO- VIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSIS- TENT HEREWITH;PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE-OF OR DINANCES;AND PROVIDING AN EFFECTIVE DATE Pursuant'to Section 286.0105,Flori- da Statutes, notice is given that if a person decides to appeal any decision made by the Board with respect to any matter considered'at the hearing,he will need a record of the.proceed- ings, and that, for;such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony' and'evidence upon which the appeal Is to be based. Copies of the above•referenced ordi- nance are available for•review-at the various public libraries in Monroe County,.Florida. Dated at Key West;Florida,this 24th day of September;2001. DANNY L.KOLHAGE,Clerk of the Circuit Court and.ex-ofticio Clerk of the Board of County Commissioners Of Morwos Cgynty,Florida. Sapbthber28&Otober 5,2001 Odd.z.a • KEI *WEST ITIZEN 3420 Northside Drive Key West Fl. 33040 Office 305-294-6641 Fax 305-294-0768 Published Daily • Key West,Monroe County,Florida 33040 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson,who on oath says that he is director of the Advertising Department of the Key West Citizen, a daily newspaper published in Key West,in Monroe County,Florida;that the attached copy of advertisement,being a legal notice in the matter of 04.4;a4�6¢., ,�c tam • In the Court,was published in said newspaper in the issues of LdFgz— DetalA, 5, Zoo) Affiant further says that the Key West Citizen is a newspaper published in Key West, in . said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County,Florida each day (except Saturdays) and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceeding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person,firm or corporation any discount,rebate,commission ogr efund the purpose of securing this advertisement for publicatis in the s 'd wspar. m 4' • cT O O Signature of Affiant:-Vc c-�s -n 1" co r- •• a rn Sworn and subscribed before me this /S day of (Q.t .42-G.ei) ,20151. �.ignature of Notary Public 0011111/1w.koy Thomas .'• c��SS10!yf47.� t`�;IExpires: July 23.2004 oay d ail* Personally Known x Produced Identification =* Type of Identification Produced =7,7;1); #CC958515 lt?ftd11�+�E.; NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN.that on Wednesday, October 17, 2001 at 3:00 PM at the Harvey Govemment 'Center- Truman School, 1200 Tru- man Avenue, Key West, Monroe County,Florida,the Board of County Commissioners•of Monroe County, Florida, intends to consider the adoption of the following County or- dinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA,DE- FINING HUMAN RIGHTS,PROHIB- ITING VIOLATIONS OF SUCH RIGHTS,PROVIDING REMEDIES, AMENDING CLASSIFICATIONS IN FAIR HOUSING ARTICLE;PRO- VIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSIS- TENT NERE WTFMI6 M!Q FOR INCORPORATION INTO THE. . ROE couwri CdOE OF OR- DINANCES;AND PROVIDING AN EFFECTIVE DATE Pursuant to Section 286.0105, Flori- !da Statutes, notice is given that if a •person decides to appeal any decision made by,the.Board with respect to any matter considered at the hearing,he will need a record of the proceed- ings, and that,for such purpose, he may need to ensure that a verbatim record of the proceedings is,made, which record includes the testimony and evidence upon which the appeal is to be based. Copies of the above-referenced ordi- nance are available for review at the various public libraries in Monroe County,Florida. Dated at Key West,Florida,this 24th day'of September,2001.. DANNY L.KOLHAGE,Clerk of the Circuit Court and ex-officio Clerk of the Board of County Commissioners of Monroe County,Florida. September 28&October 5,2001 Mayor Dixie Spehar ORDINANCE NO. 008 - 2003 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AMENDING SECTION 13-102, 13-103, 13-112, AND 113-115 MONROE COUNTY CODE, TO PROHIBIT DISCRIMINATION ON THE BASIS OF GENDER IDENTITY OR EXPRESSION FOR EMPLOYMENT OR IN HOUSING; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners finds that prohibiting discrimination on the basis of gender or identity or expression in the best interest of the health, safety and welfare of the citizens of Monroe County; now, therefore BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Sec. 13-102, Monroe County Code, is hereby amended by adding the following definition: Gender identity or expression means having, or being perceived as having, a gender-related self-identity, self-image, appearance, expression or behavior, whether or not such gender-related characteristics differ from those associated with the person assigned sex at birth. Section 2. Sec. 13-103(a), Monroe County Code, is hereby amended to read as follows: (a) No person shall directly or indirectly discriminate against any individual in hiring, classification, grading, discharge, discipline, compensation or other term or condition of employment because of the individual's race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. No employment agency shall directly or indirectly discriminate against any individual in classification, processing, referral or recommendation for employment because of the individual's race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. The prohibitions contained in this paragraph shall not apply to any of the following: (1) Use of an individual's unfavorable discharge from military service as a valid employment criterion where the affected position of employment involves the exercise of fiduciary responsibilities and the reasons for the unfavorable discharge related to his or her fiduciary capacity. (2) Hiring or selecting between individuals for bona fide occupational qualifications. (3) Giving preferential treatment to veterans and their relatives as required by federal or state law or regulation. Section 3. Secs. 13-103(d) and (e), Monroe County Code, are hereby amended to read as follows: (d) No person shall discriminate against any individual in any aspect of any credit transaction, or in any terms and conditions of bonding because of the individual's race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. (e) No person who owns, leases, rents, operates, manages or in any manner controls a public accommodation shall withhold, deny, curtail, limit or discriminate concerning the full use of such public accommodation by any individual because of the individual's race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. The prohibition contained in this section, shall not apply to any facility, as to discrimination based on sex, which is distinctly private in nature, such as restrooms, shower rooms, and dressing rooms. Section 4. Sec. 13-112(e), Monroe County Code, is hereby amended by adding the following definition: Discrimination means any difference in treatment based on race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. Section 5. Secs. 13-115(1), (3), (4), (5), (8), (9), and (10), Monroe County Code, are hereby amended by adding the following definition: (1) To refuse to sell, purchase, rent or lease, or otherwise deny to or withhold any housing accommodation from a person, or to evict a person because of his race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. (3) To refuse to receive or transmit a bona fide offer to sell, purchase, rent or lease any housing accommodation from or to a person because of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. (4) To evict or to refuse to negotiate for the sale, purchase, rental or lease of any housing accommodation to a person because of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. 2 (5) To represent to a person that any housing accommodation is not available for inspection, sale, purchase, rental or lease when in fact it is so available, or to refuse to permit a person to inspect any housing accommodation because of his race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. (8) To induce or discourage, or to attempt to induce or discourage: a. the sale; b. the purchase; c. the rental; d. the lease; e. the listing for a, b, or d, above of any housing accommodations in an area by means of: 1. Causing panic; 2. Inciting unrest; or 3. Creating or playing upon fear, by representing that the presence or anticipated presence in that area of persons of any particular race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age, will or may result in: (I) The lowering of property values in the area; (ii) The increase in criminal or antisocial behavior in the area; or (iii) A decline in the quality of the schools serving the area. (9) For any bank, building and loan association, insurance company or other corporation, association, firm or enterprise whose business consists in whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance to a person applying there for the purpose of purchasing, constructing, improving, repairing or maintaining a dwelling, or to discriminate against him in the fixing of the amount, interest rate, duration, or other terms or conditions of such loans or other financial assistance because of the race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age of such person or of any person associated with him in connection with such loan or other financial assistance or the purposes of such loan or other financial assistance, or of the present or prospective owners, lessees, tenants, or occupants of the dwelling or dwellings in relation to which such loan or other financial assistance is to be made or given. (10) To deny any person who is otherwise professionally qualified by state law access to, or membership or participation in, any multiple listing service, real estate broker's organization, or other service, organization or facility relating to the business of selling or renting dwellings, or to discriminate 3 against him in the terms or conditions of such access, membership, or participation, on account of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. Section 6. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 7. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 8. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 9. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16th day of April, 2003. Mayor Spehar yes Mayor Pro Tern Nelson yes Commissioner McCoy yes Coroner Neugent yes Corttmisd er Rice yes ` • \ (S , BOARD OF COUNTY COMMISSIONERS >>, � Att EAL)est: •D LI )LHAGE, Clerk OF MONROE COUNTY, FLORIDA By Q . air . L�,� B y . Deputy Clerk ayor/Chairp rson Rrdcr dre 7.1 tx= CL. � = 44P1 1(C)VE•p N c�a G AS Tp CDa .v `� A r, Foul R.i.ERT s J o j DATE . 4 Ad#6791900 Gender Dress TIIE ,,„4' 4. ',''' Your Upper Keys Conneclion NOTICE OF INTENTION k C r;� •• 1 PORTER OC)%-Z O o 3 ADOPTION OFCOUNTY ORDINANCE P.O.Box 1197•Tavernier,Florida 33070-1197 (305)852-3216 Fax:(305)852-0199 NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on PROOF OF PUBLICATION Wednesday,April 16, . 2003,at 3:00 PM at the Harvey Government Center-Truman School, STATE OF FLORIDA 1200 Truman Avenue, Key West,Monroe Coun- COUNTY OF MONROE oFntgCommBoardof ioners of Monroe County,Flori- Before the undersigned authority da Intends to consider personally appeared JACKLYN R. the adoption of the follow- ing County ordinance: HARDER who on oath, says that she is ASSOCIATE PUBLISHER/EDITOR of THE AN ORDINANCE OF OF CO - REPORTER, a weekly newspaper entitled me MD MIR S O ERS to publish legal advertising published at OF MONROE COUNTY, Tavernier, Monroe County, Florida: that FLORIDA,AMENDING02, SECTION 13- 1 the attached copy of advertisement, being 13-103,13-112,and LEGAL NOTICE in said news P p COUNTY a er in the COUN113-1 TYCODE5MONROE,T TO issue of: PROHIBIT DISCRIMI- NATION ON THE BASIS OF GENDER IDENTITY March 21st and March 28th 2003 OR PRESSIONO FOR EIN HOUSING;PROVIDING Affiant further says that THE REPORTER FOR SEVERABILITY; is a newspaper published at Tavernier, in REPEAL GFLLORD REPEAL OF ALL ORDI- said Monroe County, Florida, and that the NANCES INCONSIS- TENTsaid newspaper has heretofore been ROHEREWITH; PROVIDING FOR IN- continuously published in the said CORPORATION INTO Monroe County, Florida, each week (on THE MONROE COUN- TY CODE OF ORDI- Thursday), and has been entered as NANCES;AND PRO- second class mail matter at the Post VIDING AN EFFECTIVE DATE. Office in Tavernier, in said County of Monroe, Florida, for a period of one year Pursuant to Section 286.0105,Florida next preceding the first publication of the statutes,notice is given attached copy of advertisement; and that if person decided to appeal any decision affiant further says that she has neither made by the Board with paid nor promised any firm, person, or respect to any matter d considered at such hear- corporation any iscount, rebate, ings or meetings,he will commission or refund for the purpose of need a record of the pro- securing this advertisement for ceedsuchpgs,andthat,for such purpose,he may publication in the said newspaper and that need to ensure that aver- The Reporter is in full compliance with batim record of the pro- ceedings is made,which Chapter 50 of the Florida State Statutes on record includes the testi- Legal and Official Advertisem-nts- many and evidence upon which the appeal is to be based. Copies of the above-ref- 1( / erenced ordinance are ,( 4A I / // available for review at ' �� various public libraries in Swimn ti and Cubscr • -d •efore e this Monroe County,Florida. 30t da of M ; h, 2003. Dated at Key West, .F t KATHLEEN BRYAN� Florida,this 24th day of e 09March,2003. • w�/ My Comm Exp. 1V12/0 ®a. No.CC 894186 DANNY L.KOLHAGE, Clerk of the Circuit Court rranal1Y t 1 o=e•,is- , and ex officio Clerk of the al Board of County Commissioners of NOta r SFAI Monroe nroe County,Florida Publish:03/21/03 . &03/28/03 The Reporter Tavernier FL 33070 ycoueryp D OOs4e ``Eaa;;;;;• d`' CLERK OF THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE BRANCH OFFICE PLANTATION KEY MARATHON SUB COURTHOUSE MONROE COUNTY COURTHOUSE GOVERNMENT CENTER 3117 OVERSEAS HIGHWAY 500 WHITEHEAD STREET,SUITE 101 88820 OVERSEAS HIGHWAY MARATHON,FLORIDA 33050 KEY WEST,FLORIDA 33040 PLANTATION KEY,FLORIDA 33070 TEL.(305)289-6027 TEL.(305)292-3550 TEL.(305)852-7145 FAX(305)289-1745 FAX(305)295-3663 FAX(305)852-7146 May 2, 2003 Department of State Bureau of Administrative Code The Collins Building 107 West Gaines Street, Suite L43 Tallahassee, FL 32399-0250 Via Certified Mail 7002 2030 0001 2668 8580 Dear Mrs. Cloud, Enclosed please find certified copies of the following: Ordinance No. 008-2003 amending Section 13-102, 13-103, 13-112, and 113-115 Monroe County Code, to prohibit discrimination on the basis of gender identity or expression for employment or in housing. Ordinance No. 009-2003 amending the Monroe County Code Section 6.3-3 to permit the County to enter into an Interlocal Agreement with other local governments for the purpose of sharing the services of a Code Enforcement Special Master. Ordinance No. 010-2003 amending Ordinance No. 023-2002, deleting environmental lots for the purposes of levying an assessment. Ordinance No. 011-2003 declaring that an emergency exists and waiving notice by a four-fifths vote; an Ordinance of the Board of County Commissioners of Monroe County, Florida, authorizing a lump sum years of service award to certain eligible volunteer firefighters whom each have provided at least ten(10)years of fire, rescue and emergency medical services to the residents and visitors of Monroe County and whom each have reached the age of sixty. Ordinance No. 012-2003 making a revision to Chapter 5.5 Monroe County Code(boats, docks, and waterways)to reinstate the Adams Waterway slow speed minimum wake regulatory zone. Department of State May 2,2003 Page 2 Ordinance No. 013-2003 approving a request of the Monroe County Planning Department to amend the Monroe County Land Development Regulations by adding Section 9.5-22(d)(7) (Planning Commission Membership)to add a non-voting member from the local school district. Ordinance No. 014-2003 approving a request of the Monroe County Planning Department to amend the Monroe County Land Development Regulations by amending Section 9.5-22(h)(1) (Planning Commission Meetings)to eliminate the requirement for a regular August meeting. Ordinance No. 015-2003 approving a request of the Monroe County Planning Department to amend the Monroe County Land Development Regulations by amending Section 9.5-4 (A-5) (Time Restrictions for Maintenance of Affordable Housing)to correct a scrivener's error. These Ordinances were adopted by the Monroe County Board of County Commissioners at a Regular Meeting in formal session on April 16, 2003. Please file for record. Danny L. Kolhage Clerk of Circuit Court and ex-officio Clerk to the Board of County Commissioners by: Isabel C. DeSantis --9•Ittl n. itageidi Deputy Clerk Cc: Municipal Code-008 through 012-2003 Via Certified Mail 7002 2030 0001 2668 8009 Board of County Commissioners County Administrator Growth Management-009, 012, 013, 014& 015 Manuel Castillo, Housing Director-015 Public Works Director-010 Property Appraiser- 010 Tax Collector-010 Finance-011 Fire Chief, Clark Martin-011 School Superintendent,Michael Lannon-013 County Attorney File ✓ U.S. Postal Service:- D CERTIFIED MAIL,., RECEIPT t17 (Domestic Mall Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.comp, OFFICIAL USE Postage $ Certified Fee { Return Reclept Fee (Endorsement Required) ' , ll Restricted Delivery Fee 41I s m (Endorsement Required) 5 Department41 ru t�tes�� • • ` � rrr, S EiVrig IY FRC .►4110.1 • de .p• .p��, o s'lrtnr Cutlins Burlding Sips D iD.7_anWpsx.�aairaes Street, Sul e L43 N oal see, Florida 32399.0250 City,State,ZIP4•4 PS Form 3800 June 2002. See Reverse to.I•'slrucllons U.S. Postal Services., 0' CERTIFIED MAIL, RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.com,, OFFICIAL USE ru Postage $ )0,6 r-q Certified Fee . -"III FL Return Rade%Fee -y- (Endorsement Required) 1ere 17 Restricted Delivery Fee r:� m (Endorsement Required) lirJ � Total Postage&Fees $ � fU o Sent To Municipal C• • ' : on M1 three:,Apt.No.; P.--O:$. , � or PO Box Ala Iallabasse F City,State,ZIPN �•-1..32316.2235 PS Form,tinj, ,,, .,i112 Srr nt;vrasc for L1strocrlons • SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. A. Sign/ e ❑Agent item 4 if Restricted Delivery is desired. g • Print your name and address on the reverse d�(r,(� . ) A a Addressee so that we can return the card to you. �`�' = ei -• by('Prioted :I"e C. a of livery ■ Attach this card to the back of the mail iece, or on the front if space permits. p t/ /0r+.,I r� il � D." delivery address different from item 1 as 1. Article Addressed to: If YES,enter delivery address below- No Municipal Code Corporation P. O. Box 2235 Tallahassee, FL 32316-2235 3. Serice Type Certified Mail 0 Express Mail ❑Registered 0 Return Receipt for Merchandise ❑ Insured Mail Cl C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. A7002 2030 0001 2668 8009rle Number rfrom( (Tranansfer from service label) PS Form 3811,August 2001 Domestic Return Receipt 102595.02-M-154 SENDER:COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse X P'i^ I F r=aE •Irmo ressee so that we can return the card to you. B. Receive {�r t 71T - ; ( :;Gat V rtgt • Attach this card to the back of the mailpiece, , I �l� or on the front if space permits. ' D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No Department of State Bureau of Administrative Ceti@ The Collins Building 107 West Gaines Street, Suit@ L43 Tallahassee, Florida 32399=0310 3. Serve Type Certified Mail 0 Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 102595.02-M-15i DIVISIONS OF FLORIDA DEPARTMENT OF STATE ' HISTORIC PRESERVATION BOARDS Office of the Secretary Historic Florida Keys Preservation Board = Division of Administrative Services r'� Historic Palm Beach County Preservation Board Division of Corporations • 4•'PA Historic Pensacola Preservation Board Division of Cultural Affairs Historic St.Augustine Preservation Board Division of Elections �;--�; ,.. � Historic Tallahassee Preservation Board Division of Historical Resources eciawe r"" Historic Tampa/Hillsborough County Division of Library and Information Services Preservation Board Division of Licensing FLORIDA DEPARTMENT OF STATE RINGLING MUSEUM OF ART MEMBER OF THE FLORIDA CABINET Glenda E.Hood Secretary of State DIVISION OF ELECTIONS May 9,2003 Honorable Danny L.Kolhage Clerk of the Circuit Court Monroe County 500 Whitehead Street Key West,Florida 33040 Attention: Isabel C.DeSantis,Deputy Clerk Dear Mr.Kolhage: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated May 2, 2003 and certified copies of Monroe County Ordinance Nos. 008-2003 through 015-2003, which were filed in this office on May 7,2003. Sincerely, Liz Cloud, Chief Bureau of Administrative Code 3 0 — 0 LC/mp rn o rrlr '< n• CD W CD �-rr. r1 GA') .. CD C) BUREAU OF ADMINISTRATIVE CODE The Collins Building • 107 West Gaines Street • Tallahassee,Florida 32399-0250 • (850)245-6270 FAX: (850)245-6282 • WWW Address: http://www.dos.state.fl.us • E-Mail: election@mail.dos.statefl.us oaf FILVRIDA HETs- KE OTER Published Twice Weekly Marathon, Monroe County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE no NOTICE OF INTENTION Before the undersigned authority person- ally appeared WAYNE.MARKHAM who on TO cou�Nt°•vORDINAI ORDINANCE • oath, says that he is PUBLISHER of the NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that FLORIDA KEYS KEYNOTER, a twice on Wednesday,April 16,2003, • at 3:00 PM at the Harvey Gov weekly newspaper published in Marathon, ernment Censer - Trumari School, 1200 Truman Avenue, in Monroe county;- Flpricia f that the Key West, Monroe County, -Florida, the.:Board of County Commissioners of Monroe attached copy- of advertisement was Coun Florida,intends to con- published in said newspaper in the issues • frigcountaydordi'nancceethetollow- of: (date(s) of publication) AN NNBOAR ORDINANCE OF SIONERS OF MONROE COUN- TY, FLORIDA, AMENDING SECTION ..13-102, 13-103, 13-112, and 113-115 MON- ROE COUNTY CODE,TO PRO Zldfai ag(' /�jg T DISCRIMINATION I ON G�(f THE BASIS RI GENDER IDEN ` TITY OR EXPRESSION FOR EMPLOYMENT OR IN HOUS- ING;PROVIDING FOR SEVER- • Affiant further says that the said FLORIDA ABILITY;PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; KEYS KEYNOTER is a newspaper published PROVIDINGINTFOTHINCORPORA- TION at Marathon, in said Monroe County, CONTY CODE OF ORDI- NANCES;AND PROVIDING AN Florida, and that the said newspaper has EFFECTIVE DATE. heretofore been continuously published in ' Pursuant atto tes,Section 2E16.0105. is Florida Statutes,notice is that if a person decided to ep- said Monroe County, Florida, twice each peel any decision made by the Board with respect to any mat- week (on Wednesday and Saturday) and ter considered-at such hearings or meatrnggs;he will need'a r= has been entered as a second class mail that,for,suchprurpose,ggs, mad p rpose,'M ma need to ensure that a verbatim matter at the post office in Marathon, in record of the'proceedings is made, which record includes Monroe County, Florida, for a period of the testimony and evidence upon which the appeal is to be one year next preceding sthe first based. publication of the attached copy of Copies of the above-referenced m inence are available for re advertisement, The affiar!: further says view at.thevariouspubliclibrer y lean Monroe County,Florida. that he has neither paid nor promised any Dated at Key West,Florida,this person, firm, or corporation any discount, 24th . DANNY L. KOLHAGE fAr ry NY OL rebate, commission or refund for the Clark of the Circuit Court and= o CD C. officio Clerk of the Board o' x D c J r-purpose of securing this advertisement for County Commissioners o' DaMonroe County,Florida, CD n • rn publication in the said newspaper(s) and Publish Maroh32,29,2003. . ' mT o FloridaeysKeynoter that The Florida Keys Keynoter is in full or..n• q compliance with Chapter 50 of the Florida ; ,›: CJI 7 State Statutes on Legal and Official --��r-- T a: Zit „�, V T Advertisements. _< -� ii' y co • D rn O 6 .)17141 rn o . Sworn to au r' ed before_ me this / D , 2003 ,�• , BEVERLY TRAEGER (SEAL) My Coss BP.B/13/200S . No.CC$70942 �� men*Known f 1 OMr I.B. ' Notary xer6WEST EN The Frorlda Keys Only Daffy Newspaper,Eat.1876 Cooke Communications,LLC Florida Keys Mary Beth Canitano STATE OF FLORIDA Advertising Coordinator PO Box 1800 COUNTY OF MONROE Key West Fl 33041 Before the undersigned authority personally appeared Randy G.Erickson,who Office 305-292-7777 Extension.................x219 on oath says that he is Vice-President of Advertising Operations of the Key Fax 3osnews. om West Citizen, a daily newspaper published in Key West, in Monroe County, 68 mcanitano@keysnews.com INTERNET PUBLISHING Florida;th the attached copy of advertisement,being a egallynotice in the keywestcom matter of a �, l/'.,/�(� ( ,'�- L,/ 1 keysnews.com tbridakeyakeys.co com key-west.com Web Design Services In the }� Court,was published in said newspaper in the NEWSPAPERS issues of --i\ , &N e:9 • The Citizen Southernmost Flyer Solares Pine Free Press Hill Big PinAffia'nt further says that the Key West Citizen is a newspaper published in Key Marathon Free Press Islamorada Free Press West, in said Monroe County, Florida and that the said newspaper has Key Largo Free Press Oceann Reef Press heretofore been continuously published in said Monroe County, Florida every g Seaport ° and has been entered as second-class mail matter at the post office in Key West, MAGAZINE The Menu in said Monroe County, Florida, for a period of 1 year next preceding the first ide Home Local's Guide publication of the attached copy of advertisement; and affiant further says that Paradise TV Channel Guide he has neither paid nor promised any person, firm or corporation any discount, MARKETING SERVICES rebate, commission or refund for the purpose of securing this advertisement for Commercial Printing publication in the said newspaper. Citizen Locals Card Direct Mail FLORIDA KEYS OFFICES Printing I Main Facility 3420 Northslde Drive Signature of Affiant Key West,FL 33040-1800 • Tel 305-292-7777 Fax 305-294-0768 citizen@keywest.cam Sworn and subscribed before me this ?jl day of ( ,l»,h ,2003 Internet Division 1201 White Street(Suite 103) Key West,FL 33040-3328 • Tel 305-292-1880 Fa94-1699 (, ' sales@keywestcom 111'`'1,.�u�l n\ Middle Ke s Office Beth Canitano,Notary Public Y 6363 Overseas Hwy Marathon,FL(MM 52.5) 33050-3342 Tel 305-743-8766 Fax 305-743-9977 navigator@floridakeys.00m Expires: January 15,2007 Notary Seal Upper Keys Office 81549 Old Hwy PO Box 469 Islamorada,FL(MM81.5) 33036-0469 i►hr a�'' M 8 {C�NItAN� Tel 305-664-2266 Notary Public-State of FlOrlda Fax305�fi4.8411 COfrrTl�r1F QS,)Q1�520 a7 freepress @floridakeys.com Commission#t DD178046 Ocean Reef Office '� Bonded By National Notary Assn 3A Barracuda Lane Key Largo,FL 33037 Tel 305-367-4911 PersonallyKnown x Produced Identification Fax 305-367-2191 Type of Identification Produced • NOTICE OF INTENTION TO CONSIDER ADOPTION OF•• COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN.that on Wednesday, April 16,2003,at 3100 PM at the Harvey Government Cen- ter - Truman School, 1200 Truman Avenue,•Key Wet, Monroe County, Florida, the Board of County Com- missioners of Monroe County, Flori- da, intends to consider the adoption of the following County ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF • MONROE COUNTY;FLORIDA, AMENDING SECTION 13-102,13- 103,1.3-112,AND 113-115 MON- ROE COUNTY CODE,TO PROHIB- . IT DISCRIMINATION OF THE BA- SIS OF GENDER IDENTITY OR EX- PRESSION FOR EMPLOYMENT OR IN HOUSING;PROVIDING FOR SEVERABILITY;PROVIDING FOR THE REPEAL OF.ALL ORDINAN- CES.INCONSISTENT HEREWITH; PROVIDING FOR INCORPORA- TION INTO THE MONROE COUN- •TY CODE OF ORDINANCES;AND • PROVIDING AN EFFECTIVE DATE. Pursuant to Section 286.0105, Flori- da Statutes, notice Is given that.If a person decided to appeal any deci- sion made.by.the Board with respect to any matter considered•at such hearings or meetings,he wilt need a record Of the proiiiidIng, end that, for such'purpose, he.may need to ensure that a.verbatim record of the proceedings is made, which record Includes.the testimony and evidence - upon which the appeal Is to be based. , Copies of the above-referenced ordi- nance are available for review at the various public libraries in Monroe • County,Florida. Dated at Key West,Florida,this 24th day of March,2003. • DANNY L.KOLHAGE;Clerk of the • Circuit Cowl and sir officio Clerk of the Board of County Commissioners • of Monroe County,Florida March 23&30,2003 • MONROE COUNTY COURTHOUSEBRANCH OFFICE: KEY WEST,500 FLORIDA HEAD S3TREET, SUITE 101 o ►��Qy`aGIII PLANTATION KEY TEL.(305)294-4641 j 0 u;' pm�/ GOVERNMENT CENTER FAX(305)295-3663 : 7-�> i 88820 OVERSEAS HIGHWAY / ' 11V•.e ' PLANTATION KEY,FLORIDA 33070 $ = TEL.(305)852-7145 BRANCH OFFICE: FAX(305)852-7146 MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY CLERK OF THE CIRCUIT COURT ROTH BUILDING MARATHON,FLORIDA 33050 TEL.(305)289-6027 MONROE COUNTY 50 HIGH POINT ROAD FAX(305)289-1745 PLANTATION KEY,FLORIDA 33070 www.clerk-of-the-court.com TEL.(305)852-7145 FAx(305)853-7440 May 4, 2010 Ms. Liz Cloud, Program Administrator Administrative Code& Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 Via Certified Mail 7009 1160 0000 3841 2259 Dear Ms. Cloud, Enclosed please find a certified copy of Ordinance No. 012-2010 to provide penalties and enforcement by civil action for violations of Section 14-40 through 14-45 of the Monroe County Code known as the Monroe County Human Rights Ordinance, by adding Section 14-46; Providing for severability; Providing for the repeal of all Ordinances inconsistent herewith; Providing for incorporation into the Monroe County Code of Ordinances, and Providing an effective date. This Ordinance was adopted by the Monroe County Board of County Commissioners at a Regular Meeting, held in formal session, on April 21, 2010. Please file for the record. Should you have any questions please feel free to contact me at(305) 295-3130. Respectfully submitted, Danny L. Kolhage Clerk of the Circuit Court and ex officio Clerk to the Board of County Commissioners by: Pamela G. Hancock, D.C. cc: Via e-mail Municipal Code Corporation County Administrator County Attorney BOCC File ORDINANCE NO. 012 -2010 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY TO PROVIDE PENALTIES AND ENFORCEMENT BY CIVIL ACTION FOR VIOLATIONS OF SEC. 14-40 THROUGH 14-45 OF THE MONROE COUNTY CODE KNOWN AS THE MONROE COUNTY HUMAN RIGHTS ORDINANCE, BY ADDING SECTION 14-46; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there previously existed Section 13-104 of the Monroe County Code providing penalties and enforcement by civil action including a right of private action by an aggrieved party, for violation of the Monroe County Human Rights Ordinance;and WHEREAS, this provision did not get included in the Monroe County Code adopted on January 28,2009 by the Board of County Commissioners;now,therefore, BE IT ORDAINED by the Monroe County Board of County Commissioners that the Monroe County Code is amended as follows: Section 1. Article II of Chapter 14 is hereby amended as follows: Sec. 14-46. Penalties;enforcement by civil action. (a) Any person violating the provisions of the Monroe County Human Rights Ordinance shall upon written citation be subject to the penalties provided in Section 8-66 of the Monroe County Code. (b) The Monroe County Human Rights Ordinance may additionally be enforced by civil action, including action for equitable relief, by any aggrieved person in a court of competent jurisdiction. Page 1 of 2 Human Rights Ord penalties 2/8/10 KMP Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4 The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 5. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,Florida at a regular meeting held on the 21st day of April 2010. Mayor Sylvia J.Murphy Yes `=' '�' o r-- .�:„i7 : Z rrt Mayor Pro Tern Heather Carruthers Yes c^-,;.f Jas o 1 Commissioner George Neugent Yes _'.�, �' Commissioner Kim Wigington Yes -:=:�z i rn Commissioner Mario Di Gennaro Yes ,�� `. CD lc,,4 . • _/ 1 Tc: BOARD OF COUNTY COMMISSIONERS it t.KOLHAGE,CLERK OF MONROE COUNTY,FLORIDA BY\ / By: 4,�uta� �GG2yiz�� Deputy Clerk Mayor Sylvia J.Murphy MONROE COUNTY A NEY APP CAST FORM: OBERT B. SHILLINGER, JR. Page 2 oft CHIEF AS8 TAN C U TY ATTORNEY Human Rights Ord penalties Date:. .----_` ---�.-9 �' 2/8/10 l