Florida 2024 Regular Session

Florida House Bill H0599 Compare Versions

Only one version of the bill is available at this time.

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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to gender identity employment 2
16	16	practices; creating s. 110.1051, F.S.; providing 3
17	17	definitions; specifying an employment policy of the 4
18	18	state relating to a person's sex; providing 5
19	19	applicability; prohibiting employees and contractors 6
20	20	of certain employers from being required to use, from 7
21	21	providing, and from being asked to provide certain 8
22	22	titles and pronouns; prohibiting employees and 9
23	23	contractors from bein g penalized or subjected to 10
24	24	certain actions for not providing certain titles and 11
25	25	pronouns; prohibiting adverse personnel action on the 12
26	26	basis of deeply held religious or biology -based 13
27	27	beliefs; providing administrative and civil remedies; 14
28	28	authorizing the Department of Management Services to 15
29	29	adopt rules; amending s. 760.10, F.S.; providing that 16
30	30	it is an unlawful employment practice for a nonprofit 17
31	31	organization and certain employers to require certain 18
32	32	training, instruction, or activity as a condition of 19
33	33	employment; defining the term "nonprofit 20
34	34	organization"; reenacting s. 760.11(1) and (15), F.S., 21
35	35	relating to administrative and civil remedies, to 22
36	36	incorporate the amendment made to s. 760.10, F.S., in 23
37	37	references thereto; providing an effective date. 24
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40	40	HB 599 2024
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47	47	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
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51	51	Be It Enacted by the Legislature of the State of Florida: 26
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53	53	Section 1. Section 110.1051, Florida Statutes, is created 28
54	54	to read: 29
55	55	110.1051 Personal titles and pronouns. — 30
56	56	(1) As used in this section, the term: 31
57	57	(a) "Adverse personnel action" means the discharge , 32
58	58	suspension, transfer, or demotion of an employee or a contractor 33
59	59	or the withholding of bonuses, the reduction in salary or 34
60	60	benefits, or any other adverse action taken against an employee 35
61	61	or a contractor within the terms and conditions of employment by 36
62	62	an employer. 37
63	63	(b) "Contractor" means an individual, partnership, 38
64	64	corporation, or business entity that enters or attempts to enter 39
65	65	into a contract for services with an employer. 40
66	66	(c) "Employee" means an individual employed by, or 41
67	67	attempting to be employed b y, an employer. 42
68	68	(d) "Employer" means the state or any county, 43
69	69	municipality, or special district or any subdivision or agency 44
70	70	thereof. 45
71	71	(e) "Sex" means the classification of a person as either 46
72	72	female or male based on the organization of the body of such 47
73	73	person for a specific reproductive role, as indicated by the 48
74	74	person's sex chromosomes, naturally occurring sex hormones, and 49
75	75	internal and external genitalia present at birth. 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	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
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88	88	(2) It is the policy of the state that a person's sex is 51
89	89	an immutable biologica l trait and that it is false to ascribe to 52
90	90	a person a pronoun that does not correspond to such person's 53
91	91	sex. This section does not apply to individuals born with a 54
92	92	genetically or biochemically verifiable disorder of sex 55
93	93	development, including, but not limi ted to, 46, XX disorder of 56
94	94	sex development; 46, XY disorder of sex development; sex 57
95	95	chromosome disorder of sex development; XX or XY sex reversal; 58
96	96	and ovotesticular disorder. 59
97	97	(3) An employee or a contractor may not be required, as a 60
98	98	condition of employme nt, to refer to another person using that 61
99	99	person's preferred personal title or pronouns if such personal 62
100	100	title or pronouns do not correspond to that person's sex. 63
101	101	(4) An employee or a contractor may not provide to an 64
102	102	employer his or her preferred persona l title or pronouns if such 65
103	103	preferred personal title or pronouns do not correspond to his or 66
104	104	her sex. 67
105	105	(5) An employee or a contractor may not be asked by an 68
106	106	employer to provide his or her preferred personal title or 69
107	107	pronouns or be penalized or subjected to adverse personnel 70
108	108	action for not providing his or her preferred personal title or 71
109	109	pronouns. 72
110	110	(6)(a) It is an unlawful employment practice for an 73
111	111	employer to take adverse personnel action against an employee or 74
112	112	a contractor because of the employee's or contractor's deeply 75
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121	121	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
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125	125	held religious or biology -based beliefs, including a belief in 76
126	126	traditional or Biblical views of sexuality and marriage, or the 77
127	127	employee's or contractor's disagreement with gender ideology, 78
128	128	whether those views are expressed by the employee or contractor 79
129	129	at or away from the worksite. 80
130	130	(b) An employee or a contractor aggrieved by a violation 81
131	131	of this subsection may avail himself or herself to the 82
132	132	administrative and civil remedies provided in s. 760.11. 83
133	133	(7) The Department of Management Services may adopt rules 84
134	134	to administer this section. 85
135	135	Section 2. Subsections (10) and (11) of se ction 760.10, 86
136	136	Florida Statutes, are renumbered as subsections (11) and (12), 87
137	137	respectively, and a new subsection (10) is added to that 88
138	138	section, to read: 89
139	139	760.10 Unlawful employment practices. — 90
140	140	(10) It is an unlawful employment practice for a nonprofit 91
141	141	organization or an employer who receives funding from the state 92
142	142	to require, as a condition of employment, any training, 93
143	143	instruction, or other activity on sexual orientation, gender 94
144	144	identity, or gender expression. For purposes of this subsection, 95
145	145	the term "nonprofit organization" means any organization that is 96
146	146	exempt from taxation pursuant to 26 U.S.C. s. 501, or any 97
147	147	federal, state, or local governmental entity. 98
148	148	Section 3. For the purpose of incorporating the amendment 99
149	149	made by this act to section 760.10, F lorida Statutes, in a 100
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158	158	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
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160	160
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162	162	reference thereto, Subsections (1) and (15) of section 760.11, 101
163	163	Florida Statutes, are reenacted to read: 102
164	164	760.11 Administrative and civil remedies; construction. — 103
165	165	(1) Any person aggrieved by a violation of ss. 760.01 -104
166	166	760.10 may file a complaint with the commission within 365 days 105
167	167	of the alleged violation, naming the employer, employment 106
168	168	agency, labor organization, or joint labor -management committee, 107
169	169	or, in the case of an alleged violation of s. 760.10(5), the 108
170	170	person responsible for the violation and describing the 109
171	171	violation. Any person aggrieved by a violation of s. 509.092 may 110
172	172	file a complaint with the commission within 365 days of the 111
173	173	alleged violation naming the person responsible for the 112
174	174	violation and describing the violation. Th e commission, a 113
175	175	commissioner, or the Attorney General may in like manner file 114
176	176	such a complaint. On the same day the complaint is filed with 115
177	177	the commission, the commission shall clearly stamp on the face 116
178	178	of the complaint the date the complaint was filed wit h the 117
179	179	commission. In lieu of filing the complaint with the commission, 118
180	180	a complaint under this section may be filed with the federal 119
181	181	Equal Employment Opportunity Commission or with any unit of 120
182	182	government of the state which is a fair -employment-practice 121
183	183	agency under 29 C.F.R. ss. 1601.70 -1601.80. If the date the 122
184	184	complaint is filed is clearly stamped on the face of the 123
185	185	complaint, that date is the date of filing. The date the 124
186	186	complaint is filed with the commission for purposes of this 125
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195	195	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
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199	199	section is the earliest da te of filing with the Equal Employment 126
200	200	Opportunity Commission, the fair -employment-practice agency, or 127
201	201	the commission. The complaint shall contain a short and plain 128
202	202	statement of the facts describing the violation and the relief 129
203	203	sought. The commission may r equire additional information to be 130
204	204	in the complaint. The commission, within 5 days of the complaint 131
205	205	being filed, shall by registered mail send a copy of the 132
206	206	complaint to the person who allegedly committed the violation. 133
207	207	The person who allegedly committed the violation may file an 134
208	208	answer to the complaint within 25 days of the date the complaint 135
209	209	was filed with the commission. Any answer filed shall be mailed 136
210	210	to the aggrieved person by the person filing the answer. Both 137
211	211	the complaint and the answer shall be v erified. 138
212	212	(15) In any civil action or administrative proceeding 139
213	213	brought pursuant to this section, a finding that a person 140
214	214	employed by the state or any governmental entity or agency has 141
215	215	violated s. 760.10 shall as a matter of law constitute just or 142
216	216	substantial cause for such person's discharge. 143
217	217	Section 4. This act shall take effect July 1, 2024. 144