The URL can be used to link to this page

Item L4BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 10, 2016 Division: Mayor I BOCC 3 Bulk Item: Yes No X Department: Heather Carruthers, District 3 Staff Contact: Carol Schreck Q 5) 292-3430 AGENDA ITEM WORDING: Approval of a resolution 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. ITEM BACKGROUND: The Florida Competitive Workforce Act is bi-partisan legislation that promotes fairness and modernizes state law by banning anti -gay and gender -based discrimination. It is illegal to discriminate in employment, housing and public accommodations based on race, color, religion, sex, national origin, age, handicap or marital status; however, State law does not protect individuals from discrimination based on sexual orientation and gender identification or expression. Our representative, Representative Holly Raschein, is a co-sponsor of House Bill 45 entitled The Florida Competitive Workforce Act. PREVIOUS RELEVANT BOCC ACTION: 10/17/2001 BOCC adopted Ordinance No. 036-2001, "The Monroe County Human Rights Ordinance" defining human rights, prohibiting violations of such rights, providing remedies, amending classifications in Fair Housing Article and defining sexual orientation as "Sexual orientation means the actual or perceived state of heterosexuality, homose-Yuality or bisexuality." 4/16/2003 BOCC adopted Ordinance No. 009-2003 amending the Monroe County Code "...to prohibit discrimination on the basis ofgender identity or expression for employment or in housing.. ". 4/21/2010 BOCC adopted Ordinance No. 012-2010 adding Sec. 14-46 to the Monroe County Code providing 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 ". CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A INDIRECT COST: N/A BUDGETED: Yes No . DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes—. AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 Mayor Carruthers RESOLUTION NO. - 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 AC7", 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 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 "...[wje 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 "...[rjecruiting 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, "..[tlhe 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 CompetitiveWorkforce 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. 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 Joseph Abruzzo. Section 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 Florida, at a regular meeting of said Board held on the 10"' day of February, 2016. Mayor Heather Carruthers Mayor pro tern George Neugent Commissioner Danny L. Kolhage Commissioner David Rice Commissioner Sylvia Murphy (SEAL) ATTEST: AMY HEAVILIN, CLERK By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor Heather Carruthers Page 3 of 3 COMBINE WORKFORCE 777777 The Florida Competitive Workforce Act ISSUE: The Competitive Workforce Act is bl-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 an 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 2D13 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.FLCompetitiveWorkforr.e.comor contact Christina Johnson, coalition communications director, at (850) 391-WO or via email at Christina@OC3PR.com. ATTACHMENT TO RESOLUTION NO. — 2016 compfTIEVE WOHORCE COALITION MEMBERS Somberg AT IAW ions DARDEN. NEXTera ENERQYA- ................... I--- �. the Worid. HASKELL Op ;.&, AM - ST F-r;T[4*XG nn CHAWER. Qgimk ..Ozncel)lspoT. UN F Infla"I OfficeNlar U?4kVEWiYpj HEAT LOATH momm, C.ARNIVAL floddaRealtors- CHAMBER OTEL ASSOC IATIONI W,TEQ tmll s TK- LL',-Ac14CSl' Ahamontri Springs Brockman Irmrance Group Ignacio Hidalgo MD PA Ma;dPro Marc it Sol dI Meehie Law Plaza Property Services LLC Saul Cornell Violins Bartow Tian Jones Barbershop Bonita Springs Alicia Furniture Bondi Blu Boutique Bonita Springs Bead Shop CA Custom Designs Contemporary Style DaVincl Teeth Whitening Ecig Eric Allen Group, LLC Heavenly Vapor, I.I.C. Uttle Boutique by Jeanne Power Mobile Sunglam Lady The Vintage Perfumista Touched By An Angel Young At Heart Brandon Out Staff Cape Canaveral Charles Haelaar Studio Crazy Cues Custom Creation Euro Kate Cape Coral Bacicstructs Sports Bar Cohda LLC De Leon Cleaning/Janitorlal LLC Dixie Roadhouse Grayson Roters LLC Rack'Em Billiards Rockade The Dek Tubby's City H+rtgout Twin Mavericks LLC Www.SparkUpsu ccess.mm Clearwater Cristlno's Coal Oven Pizza o� Bus . ;.e . COMPEiIE(E WON ORE ' , :, _ - Coconut Grow Pointe Group Advisors Coral Gables Acqua Boutlquo Anton Acaro Beauty Studio Art Room Inc Bloom Catholic Law Students Association, University of Miami Coral Gables Chamber of Commerce Coral Gables CongregationalChurch Cruisepurt Destinations Edoardo Borrel8 Greenlife Organic Bistro Hotel Chateau Bleau ina Young LLC Keeping tfw Books, Inc La Bello Salon Pazwella Hair Design Boutique The Golden Triangle Transformation Dynomix Dade City Sawmill Resortand Campground Deland Hellmann Mixed Media Famandina Beach Music by Pegee LLC FIVnIng island My pepper Jelly Vintage Furniture Paint Fort Lauderdale Coastal Preferred Properties Dickey Consulting Group H & H Jewels Intercity Taxi Landscapes by Jared, LLC Michael Kimmey, PA Fort Myers John Michael's Photography The Gathering Place Visuality Gainesville Community Outreach Relief Effort, Incorporated Humble Pit Whey Naturall USA Gulfport L. Marlus Moore Photography Holiday Moon Bay Glass Jacksomrille pigcrslax 5 Points Antiques AIDS Healthcare Foundation All About Events Jacksonville U.0 Avondale United Methodist Church Avonda°e Wealth Advisors Baby's Ctase-Up 313/4D Ultrasound Theater Beer.3D Inc, Birdies Five Paints Black Sheep Restaurant Bobble G. O'Connor & Associates C.AS.K. Catering by Liz Granamyer Chambiln's Uptown Character Counts in Jacksonville CityXtra Magazine Corner Tam Diversions Specialty Gift Store Down to Earth Farm Droubl's Cafe and Sweets East Coast Transfer LLC Em Relics Edge City Fans & Stoves Antique Mail First Coast Muhl-Unas Agency First United Methodist Church Jacksonville Folio Weekly It True Solutions, LLC Jacksonville Magazine Kane Business Solutions Kris Graham Photography Mackoul Rentals Marsh Landing Cleaners Matthew's Restaurant mshock My Well Being Rain Dogs Relectromades Riverside Avenue Christina Church Riverside United Church of Christ Satz & Sol Southern Roots FiBing Station St. Luke's Community Church Steven Romero Photography Sun -Ray Cinema Sweet Spot Urban Louge Sweet Theory Baking Co The Cummer Museum of Art & Gardens The Frazier Group The Jenks house Bed & Breakfast The STORY of... Therapy for Living Uptown Lifestyle Conderge At Excursions Xero Hour Inc Jacksonville Beach WII'man Consulting, Inc. Yoga d Change Inc. Key West Cocoa and Salem Gallery Financial Resources Management Corp, The Gardens Hotel Kissimmee Earl Harris Photography Lake Mary Barbary & Associates, CPA Lakeland Arteology Black Swan Bazaar Brooke Pottery Dividous Deli & Coffee Shop, LLC Downtown Lakeland Partnership Fresco's Bakery & Bistro Hattie's Branches anutique Iconic ECig Vapor Boutique Inspire Seeds, LLC Lakeland Downtown Development Ufegarden Farm Maximize Digital Media Maxie Salon and Day Spa Palace Pazza Inc Red Door Lakeland Satya Ufa Yoga Swan Brewing, LLC The Purple Onlan rany's Studio B T weetz For Dawes Two Hens and a Hound Two Popes LLC Whimsy Boutique Largo Knotty Nanna Handcrafted Macrame SL Crochet Malntiazrd Vapor Safarl LLC Melbourne eP 8us�y. CgM�Ei111YE �fgflK�BRC�77 Brain Basket Jotkoff Financial Group Scentsy Fragrance Scissor Me Timbers Space Coast Progressive Alliance Tabone's Po Boys Mlami 2 Guys company 305 Concepts Wynwood LLC 332 Collective A Belle Casa Amazon Services Inc. Arc & Arrow Creative Group Artemis Designs Miami LLC Augustin Gainza Fine Cuban and Latin Azucdr Ice Cream Ball and chain itarble's Autos Corporation Bailington Group Beria Parfums Bricked Mattress Brute Charrtte LLC Caballero Appraisal Services & Associates Car2Go Carden y ei Tirana, ChamherSouth Coconut Grove Building improvement District Cole, Scott and Kissane PA Coyo Taco CPSB, inc. CrepeMaker Daily Offering Yoga Dahlia Gonzalez Gallery Design Suites Miami El Cristo Restaurant Espado Corp. Esqulsito Restaurant Eyes on You Photo Events Fausto Commercial Reahy Ccns,_11ants Fireman Derek's Bake Shop Flash Studios Fortis Development Group FtatelUno Rfstorante Futurama Gabriel Productions international Genuine Hospitality Group George Ortiz Casting Golden Desire, hie Gnrida Entertainment. LLC Greens Garage House of Art I.M. Unique Salon, Inc. Ibiza Bitaux Corp Infinity Flowers Irrera Fashion Boutique James Whitney Ray incorporated John Defarrn Event Protects Junior and Hatter KOIr-r Williams Real Estate Keative Gardens inc. Larry Hyer, Inc. Leaner Murdano Fine Arts LGBT Creative Uttle Havana Cigar Factory Little Havana To Go Little Havana Visitors Center Madeline Beauty Salon Corp Madaras Rainforest Conservancy Magnolia Thrift Shop Marta G tsmail Gallery Marta Nelra Photography Mega Shoes, Inc. Mia Mlmaition LLC Miami Gay and Lesbian Film Festlwil Molina Art Gallery Inc Magi's Antiques and Collectlbles Obrapla Enterprises, inc. Orange Pedal Bicycle Shop Orshan PA Panther Coffee Penner Studio Peter Tunney Gallery Miami Pizza Pazza Pop Communications R House Reveal Boutique Rupeeslnc Santos Fine Art Gallery Tabellna The Glamour Concept Threadcaunt Top Cigars Trlverden Creative Unity on the Bay Unzueta Gallery Vlllamll Contemporary Fine Art Vltruylan Creative White Glove Standards Inc. Windrld;e Yacht Center Worldmedia Interactive Wynwood 250 LLC Wynwood Business improvement District Zak the Baker ZoMnger Interiors Miami Beady 729 Meridian Avenue, LLC Afterglow Marketing Anna 5aulino Jewelry LLC Benefits Design Resources, Inc Slue Fin Charters Collins Park Neighborhood Assocation Greater Miami and The Beaches Hotel Association Hahne Real Estate Heather Davis Productions Inc. Lion Agency Sobe Miami LLC, Palace Bar Source Events South Florida Hispanic Chamber of Commerce Southeast Bankers Mortgage Corporations Strang Adams, PA Attorneys at Law The Murry Agency Tlo Gazpacho LLC VarigiArt Miami Shores Pridelines youth Services Miami Springs 66 Films Inc Micro Richard Currier Art Middleburg Carry On For Our Son Corporation Miramar William Kidd Ceramics Mulberry Unique Bark, LLC Wilkerson's Inc Naples Adelheldl's Cupcakes Capriccio Ristorante & LrHmge Daniela's Restaurant Dennison -Moran Gallery IM iapas 5 Dimarco Jewelry The Garden District The Greek Gourmet — Naples TreeofUfa Artistic Jewelry New Port Richey AB Specialty Pharmacy INC. People Places LLC COMFETN MIXFORU The Cheese Lodge Newberry The Flour Pot Bakery North Bay Village Saba Jewelry North Miami Bell David Planning Group Image Plus Graphics Laser Light Litho Corp North Miarrd Beach Aids Healthcare Foundation Oakland Park Hotspots Media Group Ocala Graffito, inc, Ocala Rehabilitation Associates, PA The 0rjanic Chef Foods Ocoee Katherine Matterson Sctlpture Orange Par$ North Florida Biomedical services, Inc SCBTwo Urbach Law Group Orlando BMC Consulting Diana Marie Events Dan Jefe's Ego Lab Gayle A. Owens Law, P.A. Heavenly Inkz Tattoo Hlgh Roller E Cigs and Vapor ionathans Super Shine & Shoo Repair Law Offices of George E. Carr, P.A Olde 64 Orlando Hold'Em puick Drop of Orlando Realm Tattoos Suarez Law Group Sugarbuzz Dezert Company Superior Craftsman Services, LLC The Dubliner The Rusty Spoon Whlskay Dicks Palm Bay Animal Love Inc. Operation Tupperware Rex Mullen Realtor Palm Coast Robert G. Cuff, P.A. Panama city Beach Jae's Sinful Delights, Bakery and Cake Shop Pembroke Pines CareerXChanae Inc Pensacola First Day Ent Krog Yngst Art Plantation Blackile Publishing Ponte Vedra Beach Happy Cow Cuisine Vegan and Vegetarian Meals Medure ZanyOu Design Port St. Lucia Weber Watercolors Riverview Saxony Farms Rockledge Mrs. Mango and Company LLC safety Harbor John Mascall Artist Sanford David Sculptures South Miami South Florida Gay Wedding Corp South Pasadena Su Allen Sculpture St. Augustine gig island Bowls FtrstCoast Metropolitan Community Church St. Petersburg Edge of 9 Enigma Law offices of William K. Saron, P.A. Smith & Associates Real Estate Strategic Campaigns LLC YourNeghbohood Realty Aridersons Networking & Computer Repair Gay St. Pete House Rainbow 411 Tampa Bay Bears Seffner Act Out Ken Andrews Photography Olde World Coffee Tallahassee On 3 Public Relations Tamarac World Cruises & Tavel Tampa Aaron Berger PA Books and More Inc. Costin Graphics Inc Cristino's Coal Oven Plue Tampa Dave DeLaCruz Painting Dehra Miotka LLC DP Photography LLC Florida Entertainment Group Florida Wariness Medical Group Foley Immagtation Law G Bar Hamburger Mary's Hillsborough County LGBTA Democratic Caucus Haney Pot James Group Internazional James Law Group Lave Hate Luck Dolls MC Film Festival Store NAtiva Accessories Inc. Office of Diversity, Inclusion and Equal Opportunity at the University of South Florida System One Fino Day, Int. PFLAG Tampa Relentless Gear Retro Nuavolewelry Designs Spinal Connections of Tampa Bay, LLC Tampa City council Tebells Tea The Butterfly Queen Dream The Change Project The Dogs Bullocks The Oxford Exchange Trlbeta CoforSalon Two Gals and a Glue Gun, LLC Urban Body Clothing Ybor Cray Wine Bar Zimmer Accounting Service Incorporated Temple Terrace Jessr's Flaming Fruit Sauce Karmyn's Karaoke Trinity GayestStore 0 nEarth.com Wedgy Chapel Santa Monica Haney watt Miami Patrick Whiteside Consulting VAlton Manors Diwre Mercy New Catholic Communities Humpy's Pizza & Cupcakes VAnter Haven Cypress Clears GQMP�IIINF t�fl�F�RiE Inside/Out Fitness CaOp, LLC Richard's One Coffees SNITen, LLC The Shop Trent Manning Studio Winter Paris Falk Research Associates, Inc. First AIlance Insurance Gary Lambert Salon and Spa Gecko CPA Firm Jan Sauer Art Jenna Michele Photo Jahn Whipple Mixed Media Lamaslaw, P.A. Morgan VVWL-Davrs Martinez Rollins College f I ADDITIONAL BACK-UP F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 45 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 760.08, 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 stF;GkeR are deletions; words underlined are additions. 2016 hb0045-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 45 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 stF'Gkee are deletions; words underlined are additions. hb0045-00 F L O R I D A H O U S E O F HB 45 R E P R E S E N T A T I V E S 2016 52 760.02 Definitions. —For the purposes of ss. 760.01-760.11 53 and 509.092, the term: 54 (1)(19) "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)-(4+ "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 stFiGkeR are deletions; words underlined are additions. hb0045-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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){6+ "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 StFiGkeR are deletions; words underlined are additions. hb0045-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 45 2016 104 (a) Any inn, hotel, motel, or other establishment that 105 eh 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 whi:eh 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 wok 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 StF'GkeR are deletions; words underlined are additions. hb0045-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 lreeenefflie, see _--, 133 r�ial, rrlrgieias, and ethnie— r 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 . 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 StF'GkeR are deletions; words underlined are additions. hb0045-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 stfickea are deletions; words underlined are additions. hb0045-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 45 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 or 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 StF'GkeR are deletions; words underlined are additions. hb0045-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 45 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 stFieken are deletions; words underlined are additions. hb0045-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 45 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 StFiGken are deletions; words underlined are additions. hb0045-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 45 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 striskeR are deletions; words underlined are additions. hb0045-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 45 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 whieh consists of four or more units 302 and has an elevator; or 303 (b) The ground floor units of a building that whieh 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 whieh is offered for sale or lease for the Page 12 of 19 CODING: Words stfiskee are deletions; words underlined are additions. hb0045-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S I:I:;« 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 stkkeR are deletions; words underlined are additions. hb0045-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 45 2016 337 (11)+9+ "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 o}r%are deletions; words underlined are additions. hb0045-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 45 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 stew are deletions; words underlined are additions. hb0045-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 StF'Gken are deletions; words underlined are additions. hb0045-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 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 stFic#eR are deletions; words underlined are additions. hb0045-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 45 P.80 441 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 stF'GkeR are deletions; words underlined are additions. hb0045-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 45 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.z'z'"�T; 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 str+ekea 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 stEleken 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)+l-+ "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 stE4!eken 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)-R+ "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)+8+ "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 strieken 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)(1$) "Aggrieved person" means any person who files a 99 complaint with the Florida Commission on Human Relations 100 re ff ,,; , . 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 , h provides lodging to transient guests, other than an 110 establishment located within a building that war contains not 111 more than four rooms for rent or hire and that whi:el-s 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: Wordsst-L=ieken 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 why 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 whieh 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 a-1-1- 137 eeenefftie, seeia,�=a,religle d ethnie—greiapspa 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 religieus, —rae-' a' , and ethnie--�e�g� 143 d t'� �� ei��mer -- - r e . 144 Section 5. Section 760.07, Florida Statutes, is amended to 145 read: Page 5 of 17 CODING: Wordsn 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 st-Eieken 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 whieh 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 men 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 men 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;7- 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, -„d-eating 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 str-ieken 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 strieken 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 sa.769.20 769.37 308 the term: 309 (1) "Commission" means the Florida Commission on Human 310 Relations. 311 (2) "Covered multifamily dwelling" means: 312 (a) A building that whieh consists of four or more units 313 and has an elevator; or 314 (b) The ground floor units of a building that whieh 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—To0.29 769.37. 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 strieken 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 .eh 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 pei=sen has a physical or mental impairment that whieYr 336 substantially limits one or more major life activities for a 337 person who has, eL-he—eic she has a record of having, or is 338 regarded as having that, saeh physical or mental impairment; or 339 (b) A per-s-en has a developmental disability as defined in 340 s. 393.063. 341 (9)+8+ "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 strieken 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 �eken 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 en aeee,17,T-=t 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 men 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 men 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: Wordssticier 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. �69.22(7(`; 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 strieleen are deletions; words underlined are additions. Commissioner Dixie Spehar ORDINANCE NO 036 - 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: i o -mot ARTICLE VI. DISCRIMINATION > r o` o O rnr- ;r-< DIVISION 1. C—)' o Section 1. Sections 13-101 through 13-106 shall be created to read as f 0 rn Sec. 13-101. Title. q�m o C3 Sections 13-101 through 13-106 inclusive may be cited as the "Monroe County Humane 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 flde occupational quallflcation 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. K3 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, plaee-of-beth physieal hand+eap► 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�� religion, disability,national origin, ancestry, #�dieap, plae sexual orientation, familial status or age, 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, disabili , aneestry sew plaee ef birtliq ha dk-ap national origin, ancestry, sexual pfeferenee 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, aneestfy, sew plaee e f birt ; handicap national origin, ancestry, sexual pr-efer-enee 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, disabilily, aneestfy, sex, plaee -of-bi#h-, handpeap national origin, ancestry, sexual p-e=e= ee orientation, familial status or aae• (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, aneestrt, sew plaee of birth, handieap national origin, ancestry, sexual preferenee 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, afleestFy, sew plaee eF birth-, handteap national origin, ancestry, sexual pr 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, aeeestrt, sew plaee of bird map national origin, ancestry, sexual W- pfe€efenc-e arientation, 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, disabili , aneestr-y, sew place hafgHEap national origin, ancestry, sexual prefefeftee 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. yor George Neugent yes missioner Charles McCoy yes issioner Murray Nelson yes issioner Dixie Spehar yes issioner Nora Williams yes �;f� BOARD OF COUNTY COMMISSIONERS NNY L.KOLHAGE, Clerk OF M ROE COUNTY, FLORID Deputy Clerk Mayor/ irperson idordhuman APPROVED AS TO FOR AND GAL SUFFICE BY 6 ANN A. H TfON n 'TF ... O m a v- Ln 0 0 0 0 a s m Ir Ir a r- M;:'.i'_f2i '._•tie �.4:rGrdilGri L1, info@@aiI.muP. ode..oeP.o: Tallahassee, I ''316-22315vl _ 1 E. a! r oug".1 _ f .,, i oLir as;is ante and Ordinance 'dos. 034-2001. 935-2G01 and 036-?tit+l. 07 �., . ode. and 3uppleeer�0 +;. .. _ - r•r ire sdd!t!`'nc:�' I 0: oc oft•ude5': .._ �. - LSu :i:_F':h,_Fr,d :a:$: 1c;., y0u. r Tsov i s'ol r r TO: Ms. Isabel C. De=_antis Deputy Clerk Monroe Couniv 5,Y) Whitehead Street Key Nest, FL 3aM ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name -and address on the reverse so that we can return the cans to you. ■ Attach this cans to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: Municipal Code Corporation P. O. Box 2235 Tallahassee, FL 32316-2235 C) v3S—�c�t 2. Article Number (Copy from service lab OR q 3400 000 PS Form 3811, Juy 19n Print Clearly) I B. Date of Delivery C. Sig re ❑ Agent ❑ Addre D. Is delivery address dlff8V9=M item 1? ❑ Yes It YES, enter delivery address below: ❑ No 3. S� Ze Type BCertiffed Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes g 11 % 411(4P Domestic Return Receipt DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Division of Administrative Services Division of Corporations Division of Cultural Affairs Division of Elections Division of Historical Resources Division of library and Information Services wa Division of Licensing 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: HISTORIC PRESERVATION BOARDS Historic Florida Keys Preservation Board Historic Palm Beach County Preservation Board Historic Pensacola Preservation Board Historic St. Augustine Preservation Board Historic Tallahassee Preservation Board Historic Tampa/Hillsborough County Preservation Board RINGLING MUSEUM OF ART 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. LC/mp Sincerely, 9 Liz Cloud, Chief Bureau of Administrative Code ry cm -n go c)x-, CD c7• r— o cl • �D O �"= �.o � �MC n D r- m - o a N ';0 . v C) BUREAU OF ADMINISTRATIVE CODE The Collins Building a 107 West Gaines Street * Tallahassee, Florida 32399-0250 e (850) 245-6270 FAX: (850) 245-6282 • WWW Address: http://www.dos.state.tLus • E-Mail: election@mail.dos.stateftus ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, . or on the front if space permits. 1. )�• Article�Addressed J t�Cl.�e. Cl�, �We s / S' S-�.• SSe$i r—L 3224Q_ D S 2. F PSI A. Received by (Please Print Cleady) I B. Date of Delivery C. SlgnaturaDEP,RPTM_F_NT OFLATATE X ❑ Addressee D. Is delivery address different from Rem 1? ❑ Yes If YES, enter delivery address below: ❑ No 01SO 3. Servi Type ®'Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 102595.00•M•0952 ca a r r G u THE Your L'pper Keys connection } a_ PORTER P.O. Box 1197 • Tavernier, Florida 33070-1197 (305) 852-3216 Fax: (305) 852-8240 PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared KATHLEEN BRYAN who on oath, says that she is GENERAL MANAGER of THE REPORTER, a weekly newspaper entitled to publish legal advertising published at Tavernier, Monroe County, Florida: that the attached copy of advertisement, being LEGAL NOTICE in said newspaper in the issue of: September 27th & October 4th, 2001 Affiant further says that THE REPORTER is a newspaper published at Tavernier, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in the said Monroe County, Florida, each week (on Thursday), and has been entered as second class mail matter at the Post Office in Tavernier, in said County of Monroe, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any firm, person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper and that The Reporter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. Sworn to and subscribed before me this 4th day of October, 2001. (SEAL) >fMyc Mhryes n0`� °�%rJ)jyst Pires Mar" 3 ?�� 8Qq xe Notary No. 6728600, Human 0\ NOTICE OF INTENTION TO CONSIDER ADOP- TION OPCOUNTY OR- DINANCE NOTICE IS HEREBY GIVEN.TO WHOM IT . MAYCONCERNthaton Wednesday, October 17, 20d1 at3:00 PM at the Harvey Government - Center- Truman School, .1200 Trurstan Avenue, , . Ke ty, Florida, the Boardpf CWnfyCommissioners of Monroe County, Flori- da, intends to consider the adoption ofthe follow- ing County ordinance: AN ORDINANCE OF THE BOARD -OF COUN- TY COMMISSIONERS OF-MONROE COUNTY, FLORIDA, DEFINING HUMAN RIGHTS, PRO- HIBITING VIOLATIONS OF OUCH RIGHTS, PROVIDING REME- DIES, AtiENDING CLASSIFICATIONS IN FAIR HOUSING ARTI- CLE; PROVIDING FOR 'SE1(ERABILITY; PRO- VIDING FORTHE.RE- PEAL OF AL4ORDI NANCES INCONSIS- TENTHEREWITH; PROVIDING FOR IN- CORPORATION INTO THE MONROE COUN- TY CODE OF ORDI NANCES; AND PRO.. VIDING AN EFFECTIVE DATE• Pursuant to Section 286.6105, Florida Statutes, notice is given that if a -person decides to appeat any decision made by.the Board with respecttoany matter . ,considered at the hear- 3 ing, he will need a recorQ of the proceedings, and% ?' that, for such purpose, Nd may need to ensure thafn a verbatim record of the , proceedingsis made, Oc j which recordincludesfi.--r testimonyandevldence-K --- upon which the appeaOS-_ to be based. ~ rn Copies of the above-ret' erenced ordinance are available forreview at the various public libraries in Monroe County, Florida. .Dated at Key West, Flori- da, this 24th day of Sep- tember, 2001:OANNY L. KOLHAGE, Gler,k gf the Circuit Court and exoffi= cio Clerk of the Board of County (SEAL) Comrimis- sioners of Monroe Coun- ty, Florida Publlah:91271o18- :. 1014101 The -Reporter Tavernier. FL 33070 0-44-Loot t%1a o � o _ Z � m CDC3 U1 a � x � 0 0 rV .::7 ►`- O �FLORIPA K rs�mii KEYNOTER Published Twice Weekly Marathon, Monroe County, Florida -PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority person- ally appeared WAYNE MARKHAM who on oath, says that he is PUBLISHER of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published in Marathon, in Monroe County, Ror da: that the attached copy of advertisement was published in said newspaper in the issues of: (date(s) of publication) 5e Qiern�Ce r Dq► Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Marathon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, twice each week (on Wednesday and Saturday) and has been entered as a second class mail matter at the post office in Marathon, in Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. The afFant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that The Florida Keys Keynoter is in full compliance with Chapter 50 of the Florida State Statutes on Legal and Official Advertisements. no, 8874200`' , ' NOTIG�� OF LN1lsNTKI N;TO'.. CONSIDER AoDVV�%ttooa of COUNTY.ORDINANCE'•. , I NOTICE15.14EREBY GIVEN TTIPWHOM T MAY CONCERN that on October. I T, 200fmt. :Do F�11A et the Hervey. Govemment -Center - Truman School, 1200 Truman Avenue, '. "';�West,,.Monroe County,: , Flo►ide,.;the Bo�id:of County Commissioners • 'of - Monroe' Cpynty ,Florida; Intends to con- sider'ihe edoptioh of the follow- - inp County urdinarrCe: -' ceedrigs, and that, for such Pur- ensure ph a averbeHm recordof the cop�°��testtm and .evidenoqupon which the appeal i4tobebeaed. , Coplas of the above••referenced o finance are evaileble-for;re; view at the various public librer- iss 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 officlo Clerk of the Board of County Commissioners of Monroe County, Ronda Publish September 29, October 6, 2001: Florida Keys Keynoter O1SEAL Pgv PGA`/ MOARRY LOU BOLL SEROFR 1 n COMMISSION NUMBER uGM= 9l�OF Fl��o MY COMMISSION EXPIRES JUNE 26,2005 o34.Zoo( 3 c CDrrirr--M � O cr- Qn• _ o 0 Z5,x M a o a rn o o v KE)%EST 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 - I.It vr�uuJ ,eir,ti lay In the Court, was published in said newspaper in the issues of 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 afiant further says that he has neither3paid noE2 promised any person, firm or corporation any discount, rebate, commission or h7fu> fog the purpose of securing this advertisement for publication in the said newspape�'0 c-) Signature of Affiant p ''' o NO Sworn and subscribed before me this `S day of 0rrL , 2001 tl ignature of Notary Public Expires: July 23, 2004 Personally Known x Produced Identification Type of Identification Produced _n r— rn 0 rn O rn n O 0 NOTICE OF INTENTION TO CONSIDEA ADOI•TION OF NOTICE IS 'HEREBY GIVEN 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 NONIIOE00im", fnM VIOLATkOW GIF SUCH RgiI M'PROyIDM HUNDIEB, AfiIENDN1p CLASINIFICATIONB 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 Pursuantito 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.Yeview,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=otBcio Clerk of Me Board of County Commissioners of morMoa.C4!#rW, Florida. Sepl ;%bef 25 & OElober 5, 2001 od4.LeaI KEOV EST 1ACITiZEN- 3420 Northside Drive Key West Ff. 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 In the Court, was published in said newspaper in the issues of dP �cirn� ni 28 & 0&4'6Z4' S, 200) Aunt 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 xrefund the purpose of securing this advertisement for publicati in the s 'd wspapqr. off. o fTlpz-< C �nr' O Signature of Affiangne- � � w a M („) Sworn and subscribed before me this / S day of (Q.d� , 201F, (1), auo�, ignature of Notary Public ��tititlullbl►rr�„% a .• Expires: July 23.2004 �-MSS10A" ota°f�y 1 "- Personally Known x Produced Identification - * ° • ' Type of Identification Produced 2'; 4ccs5657; Q_Z _n r— rn v `n O M n 0 v -95TI€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 Government Center - Truman School, 1200 Tru- man Avenue, Key West, Monroe County, Florida, the Board of County Commissioners -of Monroa County, Florida, intends to cdnsider 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, AMENDINb CLASSIFICATIONS IN FAIR HOUSING ARTICLE; PRO- VIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES, ;IN QNSIS- . TElt}T lIEREMf ITH;.lINNp FOR INCOwrORATilIN WO THE . 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-officlo 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 S. 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 Isis 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. (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 Ns 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 accommodations in an area d, above of any housing 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 KI 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 Mayor Pro Tern Nelson Commissioner McCoy Co n. oner Neugent Cc'rrrnits er Rice (SEAL) Attest: DAMN LtOLHAGE, Clerk Deputy Clerk Trda,0dre .CD Q N J :o ta. rNr Li' �� U CC- CL_ N o O iL W J c z o W N y 4 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By • Aw ayor/Chairp rson A14P UVE.D Gq AS TO Fla; Y R ERT DATE _ fE Ad# 679196D Gender THE Dress Your Upper Xrys Conneelion C r NOTICE OF INTENTION, PORTER OC1 B 2 p 3 TO CONSIDER ADOPTION OF COUNTY P.O. Box 1197 • Tavernier, Florida 33070-1197 ORDINANCE (305) 852-3216 Fax: (305) 852-0199 NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on PROOF OF PUBLICATION Wednasday,AMat16, . 2003, at 3:00 PM at the th Harvey Government Center -Truman School, STATE OF FLORIDA 1200 Truman Avenue, Key West, Monroe Coun- COUNTY OFMONROE ty,Florida, the Board of County Commissioners Before the undersigned authority of Monroe County, Flork da; intends to consider personally appeared JACKLYN R. the adoption of the follow - HARDER who on oath, says that she is ingCounty ordinance: ASSOCIATE PUBLISHER/EDITOR of THE AN ORDINANCE OF REPORTER a week) a er entitled y news P p THEBOARDOFCOUN- TYCOMMISSIONERS to publish legal advertising published at OFMONROECOUNTY, Tavernier, Monroe County,Florida: that FLORAMENDING SECTION SECTION 13-102, 13-102, the attached copy of advertisement, being 13-103,13-112, and. LEGAL NOTICE in said news paper in the P P 113-115MONROE issue Of: COUNTYCODE,TO PROHIBIT DISCRIMI- NATION ON THE BASIS March 21 st and March 281h 2003 OF GENDER IDENTITY OREXPRESSIION F R •EMPLOYMENT OR IN Affiant further says that THE REPORTER HOUSING; PROVIDING FORSEVERABILITY; a newspaper published at Tavernier, in PROVIis REPEAL IOFALLLORDI- said Monroe County, Florida, and that the NANCESINCONSIS. said newspaper has heretofore been TENT HEREWITH; PROVIDING FOR IN. continuously published in the said CORPORATION INTO Monroe County, Florida, each week on hTY THE MONROE COUN- CODE OF ORDI. Thursday), and has been entered as ANCES;AND PRO. second class mail matter at the Post VIDING AN EFFECTIVE Office in Tavernier, in said County of DATE. Monroe, Florida, for a period of one year Pursuant to Section next preceding the first publication of the 286.0105, Florida Statutes, notice is given attached copy of advertisement; and that If a person decided to affiant further says that she has neither y maappealby made by the Board with paid nor promised any firm, person, or respect to any matter any discount rebate > > concorporation Ingsirmeatidered tsuch will ings or meetings; he will commission or refund for the purpose of need a record ofihe pro - securing this advertisement for ceedings, and that, for such purpose, be �y publication in the said newspaper and that need toensurethataver- The Reporter is in full compliance with batimrecordofthepro- made, Chapter 50 of the Florida State Statutes on welch recordin l record includes the testl- Legal and Official Advertisem nts monyandevldenceupon which the appeal is to be based. / Copies of the above-ref-erenced ordinance are available for review at the Sw rn t and bscr d before a this various public libraries in Mon roe County, Florida. 30t da of M r h, 2003.1__ Dated at Key West, Fri KATHLEEN BRYANW Florida, this 24th day of March, 2003. My Comm Exp. 12/1210: w pU[ No. CC 89418E K*+ DANNY L. KOLHAGE, Clerk of the Circuit Court b [ l oc�u .c and ex officio Clerk of the Board of County Notar Commissioners of Monroe County, Florida (SPAI l . Pvbfth: 03191/03 s03/28183 The Reporter Tavemler FL 33070 b C'oUNry J�1 suM �u%0`�G s�lCau11T'�.f`P CLERK OF*THE CIRCUIT COURT MONROE COUNTY BRANCH OFFICE MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 May 2, 2003 Department of State Bureau of Administrative Code The Collins Building 107 West Gaines Street, Suite L43 Tallahassee, FL 32399-0250 Dear Mrs. Cloud, MONROE COUNTY COURTHOUSE 5W WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3663 BRANCH OFFICE PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 Via Certified Mail 7002 2030 00012668 8580 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 Deputy Clerk Cc: Municipal Code - 008 through 012-2003 Via Certified Mail 7002 2030 00012668 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... — CERTIFIED MAIL,., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our ' website at www.usps.com,. a , ,3 - 1 U.S. Postal ServiceTr., CERTIFIED MAIL,., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com;, — i I .1 Ila — �� Municipal C ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Municipal Code Corporation P. O. Box 2235 Tallahassee, FL 32316-2235 A. by C. ❑ Agent D. '(sdelivery address diiferent from item 1�7 Yes If YES, enter delivery address below. fj No 3. S�er%v �e Type bd'Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7002 2030 0001 2668 8009 (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-154 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Department of State Bureau of Administrative God@ The Collins Building 107 West Qalnes Street, Suit@ 1.43 Tallahassee, Florida 32399.0209 A. Signature ❑ Agent X ! F .7 — .09mressee B. Received W PIARI1P ° -.-l- at c D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. SServv' 50 Type Ed'Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 102595-02-M-15t DIVISIONS OF FLORIDA DEPARTMENT OF STATE Office of the Secretary Division of Administrative Services Division of Corporations Division of Cultural Affairs Division of Elections Division of Historical Resources Division of Library and Information Services Division of Licensing MEMBER OF THE FLORIDA CABINET FLORIDA DEPARTMENT OF STATE 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: HISTORIC PRESERVATION BOARDS Historic Florida Keys Preservation Board Historic Pahn Beach County Preservation Board Historic Pensacola Preservation Board Historic St. Augustine Preservation Board Historic Tallahassee Preservation Board Historic Tanipa/Hillsborough County Preservation Board RINGLING MUSEUM OF ART 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 rV O a A LC/mp o r, "' r m r r'rlx-' O co Cn ... W O �CIT-. -*1 r N Q D rn ' � O BUREAU OF ADMINISTRATIVE CODE The Collins Building a 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 0009 �FLORIDR KKT7� KEYNOTER Published Twice Weekly Marathon, Monroe County, Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF MONROE no.7885100 Before the undersigned authority person- [iIOT1CROFINTENTION ally appeared WAYNE, MARKHAM who on RADUNO OF CFO ME oath, says that he is PUBLISHER of the NOTICE IS HEREBY GIVEN Tt FLORIDA KEYS KEYNOTER, a twice WHOM IT MAY CONCERN the on WedrYaettay, April 76, 2003 weekly newspaper published in Marathon at 3:00 PM at the Harvey Gov emment Center - Trum& / in Monroe County; - Flnrlria t +hzf the School, 1200 Truman Avenue Key west, Monroe Countl 'Florida, ' r: •. - attached copy- of advertisement was the' Board of Cou Commissioners of Monro County.Florida,'intends to con published in said newspaper, in the issues ihccntyordinancethetellcw of: (date(s) of publication) AN OBOARDRDINANCE OFT COUN8 SIONERB OF MONROE COON TY, FLORIDA, AMENDINt SECTION .13-102, 13-104 13-112, snit 113-115 MON / A /�� ROE COUNTY CODE, TO PRO HIBIT DISCRIMINATION Of THE BASIS OF GENDER IDEN / %Z12 i / 7 TITY OR EXPRESSION FOI CAADI AV\ACNT AO IM YAI IC Affiant further says that the said FLORIDA KEYS KEYNOTER is a newspaper published at Marathon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published in said Monroe County, Florida, twice each week (on Wednesday and Saturday) and has been entered as a second class mail matter at the post office in Marathon, in Monroe County, Florida, for a period of one year next preceding 'the first publication of the attached copy of advertisement. The affian* . further says that he has neither paid nor prornised any person, firm, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper(s) and that The Florida Kevs Kevnoter is in full btate Statutes on Legal and Official Advertisements, Sworn to an su red before me this / D of , 2003 (SEAL) • Notary Pursuant to Section 286.011 Florida Statute&, notice is Gil that if a person decided to peel any decision made by Baerd with respect to any m ter considered et such head, or meetings; he will need a cord of the proceedinggst that, for, such purpose.% n need to ensure that a verb& record of the proceed Ig made, which record inciw the testimony and evidei upon which the appeal is to based. Copies of the above -referent mdinence are available for view at.the veriouspublic libt lea In Monroe County, Florida Dated at Key West, Florida, 1 24th dayof March, 2003. DANNYL.KOLHA Clerk of the Circuit Court anc officio Clerk of.the Boart County Commisslonen Monroe County, Flat Publish March 2,2, 29, 2003. Florida Keys Keynoter - BEVERLY TRAEGER W corm EMp. 9VIV=13 ~ P ' Na CC 870042 . V&=M lly lfurouw I I OMsr I.D. C7 ` = T> o LAJ I" m rn--' M cal o --4 c� r w c� o a m rn o 006? KEYVw65T EN 7ha Fkdda Keys Only DnW Newspaper, Eat 1876 Cooke Communications, LLC Florida Keys Mary Beth Canitano Advertising Coordinator PO Box 1800 Key West FI 33041 Office .......... 305-292-7777 Extension.................x219 Fox.............305-294-0768 mcanitano@keysnews.com INTERNET PUBLISHING keywestcom keysnews.com fioridakeys.com key-wesLcom Web Design Services NEWSPAPERS The Citizen Southernmost Flyer Solares Hill Big Pine Free Press Marathon Free Press Islamorada Free Press Key Largo Free Press Ocean Reef Press Seaport Log MAGAZINE The Menu Home Guide Citizen Local's Guide Paradise Keys TV Channel Guide MARKETING SERVICES Commercial Printing ChLm Locals Card Direct Mail FLORIDA KEYS OFFICES Printing I Main Facility 3420 Northskte Drive Key West, FL 33040-1800 Tel 305.292-7777 Fax305-294-0768 citizen@keywest.com Internet Division 1201 White Street (Suite 103) Key West FL 33040-3328 Tel 305-292-1880 Fax 305-294-1699 sates@keywest.com Middle Keys Office 6363 Overseas Hwy Marathon, FL (MM 52.5) 33050-3342 Tel 305-743.8766 Fax 305-743-9977 navigator@floridakeys.e m Upper Keys Office 81549 Old Hwy PO Box 469 Islamorada, FL (MM81.5) 33036-0469 Tel 305-664.2266 Fax 30M64-8411 freepress@Wdakeys.com Ocean Reef Office 3A Barracuda Lane Key Largo, FL 33037 Tel 305-367-4911 Fax 305.367-2191 STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Vice -President of Advertising Operations of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; thaaA the attached copy of advertisement, being a },egal notice in the matter of 1 P.1 L6,ar,-im d t� o im >,-. &2 iSY. Orl u -\`o In the. Court, was published in said newspaper in the issues of Aff aht 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 every 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 preceding 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 or refund for the purpose of securing this advertisement for publication in the said newspaper. Signature of Affiant Sworn and subscribed before me this day of , 2003 Expires: January 15, 2007 Mary Beth Canitano, Notary Public Notary Seal ,..xrn..,. MARy gETH CANIiAN0 Notary Public - State of Florida 5 NCortrrt6sionE>VhX 15,2007 Commission #r DD) 78046 Bonded By National NofarvAmn. Personally Known x Produced Identification 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 MO PM at the Harvey Government Can 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 t13-115 MON- ROE COUNTY CODE, TO PROHIB- IT DISCRIMINATION OF THE BA- SIS OF GENDERIDENTITY OR EX- PRESSION FOR EMPLOYMENT OR IN HOUSING; PROVIDING FOR SEVERABILITY; PROVIDINGFOR THE REPEAL OF ALL ORDINAN= CES.INCONSISTENT. HEREWITH; PROVIDING FOR INC. RPORA- 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 . at such hearings or rneetktpe, he will need a record 6100 prOi*0dWP- And that, for such purpos0, hs !fiat 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. KOLHAGEi Clerk of the Ckpt* Court and 9k offtdo Clerk of itb Board issioners 01 monme County,CommFlorida March 23 8, 30, 2003 MONROE COUNTY COURTHOUSE 500 WHITEHEAD STREET, SUITE 101 KEY WEST, FLORIDA 33040 TEL. (305) 294-4641 FAX (305) 295-3663 BRANCH OFFICE: MARATHON SUB COURTHOUSE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 .FAX (305) 289-1745 `t "couroryc Q4J s�� cu:o�� OGP U w N CLERK OF THE CIRCUIT COURT MONROE COUNTY www.clerk-of-the-court.com Ms. Liz Cloud, Program Administrator Administrative Code & Weekly R.A. Gray Building 500 S Bronough Street Tallahassee FL 32399-0250 Dear Ms. Cloud, May 4, 2010 BRANCH OFFICE: PLANTATION KEY GOVERNMENT CENTER 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 ROTH BUILDING 50 HIGH POINT ROAD PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 853-7440 Via Certified Mail 70091160 0000 38412259 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. oil - 2010 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY TO PROVIDE PENALTIES AND ENFORCEMENT . BY CIVIL ACTION FOR VIOLATIONS OF SEC. 1440 THROUGH 1445 OF THE MONROE COUNTY CODE KNOWN AS THE MONROE COUNTY HUMAN RIGHTS ORDINANCE, BY ADDING SECTION 1446; 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. Pagel of 2 Human Rights Ord penalties v8/10 KW 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 Auril 2010. Mayor Sylvia J. Murphy Yes F t rn Mayor Pro Tern Heather Carruthers Yes Commissioner George Neugent Yes Commissioner Kim Wigington Yes _ Commissioner Mario Di Gennaro `D n o Yes L. KOLHAGE, CLERK By. Deputy Clerk MONROE COUNTY A NEY APPAbY190)SMT FORM: KOBERT B. SHILLINGER, JR. CHIEF AS3 TAN C U�4TY ATTORNEY Date: `..- -9 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor Sylvia L Murphy Page 2 of 2 Human Rights Ord penalties 218/10 KW