Florida Senate - 2024 SB 680 By Senator Gruters 22-00113-24 2024680__ 1 A bill to be entitled 2 An act relating to protection of medical freedom; 3 amending s. 381.003, F.S.; prohibiting the Department 4 of Health from requiring enrollment in the states 5 immunization registry or otherwise requiring persons 6 to submit to immunization tracking; prohibiting the 7 department from including a persons immunization 8 records in any interstate or federal immunization 9 tracking system or otherwise giving an entity access 10 to a persons immunization records without first 11 obtaining written informed consent from the person or 12 persons parent or guardian, as applicable; making 13 technical changes; amending s. 381.00316, F.S.; 14 revising and deleting definitions; prohibiting 15 business entities from requiring individuals to 16 provide proof of vaccination or postinfection recovery 17 from any communicable disease to gain access to, entry 18 upon, or service from such entities; prohibiting a 19 business entity from requiring individuals currently 20 employed or seeking employment with that business to 21 provide proof of vaccination or postinfection recovery 22 from any communicable disease; prohibiting health care 23 providers from discriminating in providing health care 24 to a patient based solely on his or her vaccination 25 status; prohibiting governmental entities from 26 requiring that individuals show proof of vaccination 27 or postinfection recovery from any communicable 28 disease or requiring a certain test in order to gain 29 access to, entry upon, or service from that 30 governmental entitys operations, or for employment, 31 continued employment, or contracting with the 32 governmental entity; reordering and amending s. 33 381.00319, F.S.; conforming provisions to changes made 34 by the act; amending s. 420.9075, F.S.; adding a 35 persons vaccination and immunity status to the 36 prohibited forms of discrimination by local housing 37 assistance plans; creating s. 448.077, F.S.; defining 38 terms; prohibiting employers from refusing employment 39 to, or discharging, disciplining, demoting, or 40 otherwise discriminating against, an individual solely 41 on the basis of vaccination or immunity status; 42 creating a right of action for aggrieved individuals; 43 providing for relief; creating ss. 626.9708, 627.6441, 44 627.6614, and 641.31078, F.S.; defining the term 45 vaccination or immunity status; specifying 46 prohibited discriminatory practices in the provision 47 of life and disability insurance policies, health 48 insurance policies, group health insurance policies, 49 and health maintenance contracts, respectively; 50 providing construction; amending s. 760.01, F.S.; 51 revising the purposes of the Florida Civil Rights Act 52 of 1992 to include discrimination protection for 53 vaccination or immunity status; reordering and 54 amending s. 760.02, F.S.; defining the term 55 vaccination or immunity status; amending s. 760.05, 56 F.S.; revising the functions of the Florida Commission 57 on Human Relations to conform to changes made by the 58 act; amending s. 760.07, F.S.; revising provisions 59 regarding remedies for unlawful discrimination to 60 conform to changes made by the act; amending s. 61 760.08, F.S.; prohibiting places of public 62 accommodation from discriminating on the basis of 63 vaccination or immunity status; amending s. 760.10, 64 F.S.; prohibiting employers from engaging in specified 65 discriminatory employment practices on the basis of a 66 persons vaccination or immunity status; providing an 67 exception; amending s. 760.22, F.S.; defining the term 68 vaccination or immunity status; amending ss. 760.23, 69 760.24, 760.25, and 760.26, F.S.; prohibiting 70 discrimination on the basis of a persons vaccination 71 or immunity status in the sale or rental of housing, 72 the provision of brokerage services, the financing of 73 housing or residential real estate transactions, and 74 land use decisions or permitting of development, 75 respectively; amending s. 760.29, F.S.; revising an 76 exemption from the Fair Housing Act regarding the 77 appraisal of real property to conform to changes made 78 by the act; amending s. 760.60, F.S.; prohibiting 79 certain clubs from engaging in specified 80 discriminatory practices on the basis of a persons 81 vaccination or immunity status; amending s. 1002.20, 82 F.S.; conforming provisions to changes made by the 83 act; amending s. 1003.22, F.S.; prohibiting the 84 Department of Health from requiring, as a school-entry 85 requirement, that children receive immunizations 86 approved only for emergency use; reenacting s. 87 381.00318(1), F.S., relating to complaints alleging 88 violations, to incorporate the amendments made to s. 89 381.00316, F.S., in a reference thereto; reenacting s. 90 760.11(1), F.S., relating to administrative and civil 91 remedies, to incorporate the amendments made to ss. 92 760.01 and 760.02, F.S., in references thereto; 93 reenacting s. 760.11(15), F.S., relating to discharge 94 of a person employed by the state or any governmental 95 entity or agency, to incorporate the amendments made 96 to s. 760.10, F.S., in a reference thereto; reenacting 97 ss. 760.20, 760.30, 760.31(4) and (5), 760.34(1), (3), 98 (4), and (7), 760.35(1) and (5)(a), and 760.37, F.S., 99 relating to a short title, authority of the Florida 100 Commission of Human Relations, powers and duties of 101 the commission, enforcement of penalties for housing 102 discrimination violations, commencement of a civil 103 action for persons alleging discriminatory housing 104 practices, and penalties for interfering with a 105 persons rights, respectively, to incorporate the 106 amendments made to ss. 760.25 and 760.26, F.S., in 107 references thereto; reenacting s. 1002.42(6)(a), F.S., 108 relating to immunization requirements for private 109 school governing authorities, to incorporate the 110 amendment made to s. 1003.22, F.S. in a reference 111 thereto; providing an effective date. 112 113 Be It Enacted by the Legislature of the State of Florida: 114 115 Section 1.Paragraph (e) of subsection (1) of section 116 381.003, Florida Statutes, is amended to read: 117 381.003Communicable disease and AIDS prevention and 118 control. 119 (1)The department shall conduct a communicable disease 120 prevention and control program as part of fulfilling its public 121 health mission. A communicable disease is any disease caused by 122 transmission of a specific infectious agent, or its toxic 123 products, from an infected person, an infected animal, or the 124 environment to a susceptible host, either directly or 125 indirectly. The communicable disease program must include, but 126 need not be limited to: 127 (e)Programs for the prevention and control of vaccine 128 preventable diseases, including programs to immunize school 129 children as required by s. 1003.22(3)-(11) and the development 130 of an automated, electronic, and centralized database and 131 registry of immunizations. The department may not require 132 enrollment in the immunization registry or otherwise require 133 persons to submit to any form of immunization tracking. The 134 department shall ensure that all children in this state are 135 immunized against vaccine-preventable diseases. The immunization 136 registry must allow the department to enhance current 137 immunization activities for the purpose of improving the 138 immunization of all children in this state. 139 1.Except as provided in subparagraph 2., the department 140 shall include all children born in this state in the 141 immunization registry by using the birth records from the Office 142 of Vital Statistics. The department shall add other children to 143 the registry as immunization services are provided. 144 2.The parent or guardian of a child may refuse to have the 145 child included in the immunization registry by signing a form 146 obtained from the department, or from the health care 147 practitioner or entity that provides the immunization, which 148 indicates that the parent or guardian does not wish to have the 149 child included in the immunization registry. Each consent to 150 treatment form provided by a health care practitioner or by an 151 entity that administers vaccinations or causes vaccinations to 152 be administered to children from birth through 17 years of age 153 must contain a notice stating that the parent or guardian of a 154 child may refuse to have his or her child included in the 155 immunization registry. The parent or guardian may either submit 156 the opt-out form directly to the department or must provide it 157 such opt-out form to the health care practitioner or entity upon 158 administration of the vaccination. Such health care practitioner 159 or entity shall submit the form to the department. If a parent 160 or guardian has refused to have his or her child included in the 161 immunization registry, A parent or guardian may submit the opt 162 out form directly to the department. any records or identifying 163 information pertaining to the child must shall be removed from 164 the registry, if the parent or guardian has refused to have his 165 or her child included in the immunization registry. 166 3.A college or university student, from 18 years of age to 167 23 years of age, who obtains an immunization a vaccination from 168 a college or university student health center or clinic in this 169 the state may refuse to be included in the immunization registry 170 by signing a form obtained from the department, health center, 171 or clinic which indicates that the student does not wish to be 172 included in the immunization registry. The student may either 173 submit the opt-out form directly to the department or must 174 provide it such opt-out form to the health center or clinic upon 175 administration of the immunization vaccination. Such health 176 center or clinic shall submit the form to the department. If the 177 student has refused to be included in the immunization registry, 178 A student may submit the opt-out form directly to the 179 department. any records or identifying information pertaining to 180 the student must shall be removed from the registry if the 181 student has refused to be included in the immunization registry. 182 4.The immunization registry shall allow for immunization 183 records to be electronically available to entities that are 184 required by law to have such records, including, but not limited 185 to, schools and licensed child care facilities. However, the 186 department may not include a persons immunization records in 187 any interstate or federal immunization tracking system or 188 otherwise allow an entity not required by law to have such 189 records without first obtaining written informed consent from 190 the person or the persons parent or guardian, if the person is 191 a minor, to release the immunization records for such purpose. 192 5.A health care practitioner licensed under chapter 458, 193 chapter 459, or chapter 464 in this state who administers 194 vaccinations or causes vaccinations to be administered to 195 children from birth through 17 years of age is required to 196 report vaccination data to the immunization registry, unless a 197 parent or guardian of a child has refused to have the child 198 included in the immunization registry by meeting the 199 requirements of subparagraph 2. A health care practitioner 200 licensed under chapter 458, chapter 459, or chapter 464 in this 201 state who administers vaccinations or causes vaccinations to be 202 administered to college or university students from 18 years of 203 age to 23 years of age at a college or university student health 204 center or clinic is required to report vaccination data to the 205 immunization registry, unless the student has refused to be 206 included in the immunization registry by meeting the 207 requirements of subparagraph 3. Vaccination data for students in 208 other age ranges may be submitted to the immunization registry 209 only if the student consents to inclusion in the immunization 210 registry. The upload of data from existing automated systems is 211 an acceptable method for updating immunization information in 212 the immunization registry. The information in the immunization 213 registry must include the childs name, date of birth, address, 214 and any other unique identifier necessary to correctly identify 215 the child; the immunization record, including the date, type of 216 administered vaccine, and vaccine lot number; and the presence 217 or absence of any adverse reaction or contraindication related 218 to the immunization. Information received by the department for 219 the immunization registry retains its status as confidential 220 medical information and the department must maintain the 221 confidentiality of that information as otherwise required by 222 law. A health care practitioner or other agency that obtains 223 information from the immunization registry must maintain the 224 confidentiality of any medical records in accordance with s. 225 456.057 or as otherwise required by law. 226 Section 2.Present paragraphs (c) and (d) through (g) of 227 subsection (2) of section 381.00316, Florida Statutes, are 228 redesignated as paragraphs (f) and (b) through (e), 229 respectively, and present paragraphs (b) and (c) of that 230 subsection and subsections (3) and (4) of that section are 231 amended, to read: 232 381.00316Discrimination by governmental and business 233 entities based on health care choices; prohibition. 234 (2)As used in this section, the term: 235 (b)COVID-19 means the novel coronavirus identified as 236 SARS-CoV-2; any disease caused by SARS-CoV-2, its viral 237 fragments, or a virus mutating therefrom; and all conditions 238 associated with the disease which are caused by SARS-CoV-2, its 239 viral fragments, or a virus mutating therefrom. 240 (f)(c)COVID-19 Vaccine means a preparation designed to 241 stimulate the human bodys immune response against a 242 communicable disease COVID-19. 243 (3)(a)A business entity may not require any person to 244 provide any documentation certifying vaccination with any 245 vaccine defined under subsection (2) or postinfection recovery 246 from any communicable disease COVID-19, or require a presumptive 247 or confirmatory COVID-19 test showing proof of recovery from any 248 communicable disease, to gain access to, entry upon, or service 249 from the business operations in this state or as a condition of 250 contracting, hiring, promotion, or continued employment with the 251 business entity. 252 (b)A business entity may not discharge or refuse to hire a 253 person; deprive or attempt to deprive a person of employment 254 opportunities; adversely affect a persons status as an employee 255 or as an applicant for employment; or otherwise discriminate 256 against a person based on knowledge or belief of the persons 257 status relating to vaccination with any vaccine defined under 258 subsection (2) or COVID-19 postinfection recovery from a 259 communicable disease, or a persons failure to take a 260 presumptive or confirmatory COVID-19 test showing proof of 261 recovery from any communicable disease. 262 (c)For matters relating to vaccines other than those 263 defined under subsection (2), a business entity shall provide 264 for exemptions and reasonable accommodations for religious and 265 medical reasons in accordance with federal law. 266 (d)A licensed facility as defined in s. 395.002 may not 267 discriminate in providing health care to a patient based solely 268 on that patients vaccination status with a COVID-19 vaccine. 269 (4)(a)A governmental entity may not require any person to 270 provide any documentation certifying vaccination with any 271 vaccine defined under subsection (2) or postinfection recovery 272 from a communicable disease COVID-19, or require a presumptive 273 or confirmatory COVID-19 test for any communicable disease, to 274 gain access to, entry upon, or service from the governmental 275 entitys operations in this state or as a condition of 276 contracting, hiring, promotion, or continued employment with the 277 governmental entity. 278 (b)A governmental entity may not discharge or refuse to 279 hire a person; deprive or attempt to deprive a person of 280 employment opportunities; adversely affect a persons status as 281 an employee; or otherwise discriminate against a person based on 282 the knowledge or belief of the persons status relating to 283 vaccination with any vaccine defined under subsection (2) or a 284 persons failure to take a presumptive or confirmatory COVID-19 285 test for a communicable disease. 286 (c)For matters relating to vaccines other than those 287 defined under subsection (2), a governmental entity shall 288 provide for exemptions and reasonable accommodations for 289 religious and medical reasons in accordance with federal law. 290 Section 3.Subsection (1) of section 381.00319, Florida 291 Statutes, is reordered and amended to read: 292 381.00319Prohibition on mask mandates and vaccination and 293 testing mandates for educational institutions. 294 (1)For purposes of this section, the term: 295 (a)COVID-19 has the same meaning as in s. 381.00316. 296 (d)(b)COVID-19 Vaccine has the same meaning as in s. 297 381.00316. 298 (a)(c)Educational institution means a public or private 299 school, including a preschool, elementary school, middle school, 300 junior high school, secondary school, career center, or 301 postsecondary school. 302 (b)(d)Emergency use authorization vaccine has the same 303 meaning as in s. 381.00316. 304 (c)(e)Messenger ribonucleic acid vaccine has the same 305 meaning as in s. 381.00316. 306 Section 4.Paragraph (c) of subsection (4) of section 307 420.9075, Florida Statutes, is amended to read: 308 420.9075Local housing assistance plans; partnerships. 309 (4)Each local housing assistance plan is governed by the 310 following criteria and administrative procedures: 311 (c)In accordance with the provisions of ss. 760.20-760.37, 312 it is unlawful to discriminate on the basis of race, creed, 313 religion, color, age, sex, vaccination or immunity status, 314 marital status, familial status, national origin, or handicap in 315 the award application process for eligible housing. 316 Section 5.Section 448.077, Florida Statutes, is created to 317 read: 318 448.077Employment discrimination on the basis of 319 vaccination or immunity status prohibited. 320 (1)As used in this section, the term: 321 (a)Employee means an individual who performs services 322 for and is under the direction and control of an employer for 323 wages or other remuneration. The term includes an independent 324 contractor. 325 (b)Employer means an individual, a firm, a partnership, 326 an institution, a corporation, or an association that employs 327 two or more employees. The term includes a governmental entity 328 as defined in s. 768.38(2). 329 (c)Vaccination or immunity status, with respect to an 330 individual, means whether he or she has been administered a 331 vaccine for or is otherwise immune to a particular communicable 332 disease. 333 (2)An employer may not refuse to employ an individual, or 334 discharge, discipline, demote, or otherwise discriminate against 335 an employee with respect to wages or terms, conditions, or 336 privileges of employment, solely on the basis of the 337 individuals vaccination or immunity status. 338 (3)An individual who is refused employment or is 339 discriminated against on the basis of vaccination or immunity 340 status in violation of this section may file a civil action in a 341 court of competent jurisdiction for relief as set forth in 342 subsection (4). 343 (4)In any action brought pursuant to subsection (3), the 344 court may order any of the following forms of relief, as 345 applicable: 346 (a)An injunction preventing the continued violation of 347 this section. 348 (b)Employment or reinstatement of the employee to the same 349 position applied for or held, as applicable, before the 350 violation occurred or to an equivalent position. 351 (c)Compensation for lost wages, benefits, and other 352 remuneration. 353 (d)Reasonable attorney fees. 354 (e)Any other relief the court deems appropriate. 355 Section 6.Section 626.9708, Florida Statutes, is created 356 to read: 357 626.9708Discrimination on the basis of vaccination or 358 immunity status prohibited. 359 (1)As used in this section, the term vaccination or 360 immunity status, with respect to an individual, means whether 361 he or she has been administered a vaccine for or is otherwise 362 immune to a particular communicable disease. 363 (2)An insurer authorized to transact insurance in this 364 state may not do any of the following: 365 (a)Require proof of vaccination or immunity status for any 366 communicable disease from an applicant or a policyholder. 367 (b)Refuse to issue or renew any policy of life insurance 368 or disability insurance solely on the basis of the applicants 369 or policyholders vaccination or immunity status. 370 (c)Impose a higher premium rate or charge or otherwise 371 discriminate in coverage in a life insurance policy or 372 disability insurance policy solely on the basis of the 373 applicants or policyholders vaccination or immunity status. 374 (3)This section may not be construed to require an insurer 375 to provide insurance coverage for a medical condition that the 376 applicant or policyholder has already sustained. 377 Section 7.Section 627.6441, Florida Statutes, is created 378 to read: 379 627.6441Discrimination on the basis of vaccination or 380 immunity status prohibited. 381 (1)As used in this section, the term vaccination or 382 immunity status, with respect to an individual, means whether 383 he or she has been administered a vaccine for or is otherwise 384 immune to a particular communicable disease. 385 (2)A health insurer may not do any of the following: 386 (a)Require proof of vaccination or immunity status for any 387 communicable disease from an applicant or a policyholder. 388 (b)Refuse to issue or renew a health insurance policy 389 solely on the basis of the applicants or policyholders 390 vaccination or immunity status. 391 (c)Impose a higher premium rate or charge or otherwise 392 discriminate in the coverage of care in a health insurance 393 policy solely on the basis of the applicants or policyholders 394 vaccination or immunity status. 395 (3)This section may not be construed to require a health 396 insurer to provide coverage for a medical condition that the 397 applicant or policyholder has already sustained. 398 Section 8.Section 627.6614, Florida Statutes, is created 399 to read: 400 627.6614Discrimination on the basis of vaccination or 401 immunity status prohibited. 402 (1)As used in this section, the term vaccination or 403 immunity status, with respect to an individual, means whether 404 he or she has been administered a vaccine for or is otherwise 405 immune to a particular communicable disease. 406 (2)An insurer offering coverage under a group, blanket, or 407 franchise health insurance policy in this state may not do any 408 of the following: 409 (a)Require proof of vaccination or immunity status for any 410 communicable disease from an applicant or a policyholder. 411 (b)Refuse to issue or renew a health insurance policy 412 solely on the basis of the applicants or policyholders 413 vaccination or immunity status. 414 (c)Impose a higher premium rate or charge or otherwise 415 discriminate in the coverage of care in a health insurance 416 policy solely on the basis of the applicants or policyholders 417 vaccination or immunity status. 418 (3)This section may not be construed to require an insurer 419 to provide coverage for a medical condition that the applicant 420 or policyholder has already sustained. 421 Section 9.Section 641.31078, Florida Statutes, is created 422 to read: 423 641.31078Discrimination on the basis of vaccination or 424 immunity status prohibited. 425 (1)As used in this section, the term vaccination or 426 immunity status, with respect to an individual, means whether 427 he or she has been administered a vaccine for or is otherwise 428 immune to a particular communicable disease. 429 (2)A health maintenance organization providing coverage 430 under a health maintenance contract in this state may not do any 431 of the following: 432 (a)Require proof of vaccination or immunity status for any 433 communicable disease from an applicant or a subscriber. 434 (b)Refuse to issue or renew a health maintenance contract 435 solely on the basis of the applicants or subscribers 436 vaccination or immunity status. 437 (c)Impose a higher premium rate or charge or otherwise 438 discriminate in the coverage of care in a health maintenance 439 contract solely on the basis of the applicants or subscribers 440 vaccination or immunity status. 441 (3)This section may not be construed to require a health 442 maintenance organization to provide coverage for a medical 443 condition that the applicant or subscriber has already 444 sustained. 445 Section 10.Subsection (2) of section 760.01, Florida 446 Statutes, is amended, and subsection (1) of that section is 447 republished, to read: 448 760.01Purposes; construction; title. 449 (1)Sections 760.01-760.11 and 509.092 shall be cited as 450 the Florida Civil Rights Act of 1992. 451 (2)The general purposes of the Florida Civil Rights Act of 452 1992 are to secure for all individuals within this the state 453 freedom from discrimination because of race, color, religion, 454 sex, pregnancy, national origin, age, handicap, vaccination or 455 immunity status, or marital status and thereby to protect their 456 interest in personal dignity, to make available to the state 457 their full productive capacities, to secure this the state 458 against domestic strife and unrest, to preserve the public 459 safety, health, and general welfare, and to promote the 460 interests, rights, and privileges of individuals within this the 461 state. 462 Section 11.Section 760.02, Florida Statutes, is reordered 463 and amended to read: 464 760.02Definitions.For the purposes of ss. 760.01-760.11 465 and 509.092, the term: 466 (7)(1)Florida Civil Rights Act of 1992 means ss. 760.01 467 760.11 and 509.092. 468 (2)Commission means the Florida Commission on Human 469 Relations created by s. 760.03. 470 (3)Commissioner or member means a member of the 471 commission. 472 (4)Discriminatory practice means any practice made 473 unlawful by the Florida Civil Rights Act of 1992. 474 (9)(5)National origin includes ancestry. 475 (10)(6)Person includes an individual, association, 476 corporation, joint apprenticeship committee, joint-stock 477 company, labor union, legal representative, mutual company, 478 partnership, receiver, trust, trustee in bankruptcy, or 479 unincorporated organization; any other legal or commercial 480 entity; the state; or any governmental entity or agency. 481 (5)(7)Employer means any person employing 15 or more 482 employees for each working day in each of 20 or more calendar 483 weeks in the current or preceding calendar year, and any agent 484 of such a person. 485 (6)(8)Employment agency means any person regularly 486 undertaking, with or without compensation, to procure employees 487 for an employer or to procure for employees opportunities to 488 work for an employer, and includes an agent of such a person. 489 (8)(9)Labor organization means any organization which 490 exists for the purpose, in whole or in part, of collective 491 bargaining or of dealing with employers concerning grievances, 492 terms or conditions of employment, or other mutual aid or 493 protection in connection with employment. 494 (1)(10)Aggrieved person means any person who files a 495 complaint with the Human Relations Commission. 496 (11)Public accommodations means places of public 497 accommodation, lodgings, facilities principally engaged in 498 selling food for consumption on the premises, gasoline stations, 499 places of exhibition or entertainment, and other covered 500 establishments. Each of the following establishments which 501 serves the public is a place of public accommodation within the 502 meaning of this section: 503 (a)Any inn, hotel, motel, or other establishment which 504 provides lodging to transient guests, other than an 505 establishment located within a building which contains not more 506 than four rooms for rent or hire and which is actually occupied 507 by the proprietor of such establishment as his or her residence. 508 (b)Any restaurant, cafeteria, lunchroom, lunch counter, 509 soda fountain, or other facility principally engaged in selling 510 food for consumption on the premises, including, but not limited 511 to, any such facility located on the premises of any retail 512 establishment, or any gasoline station. 513 (c)Any motion picture theater, theater, concert hall, 514 sports arena, stadium, or other place of exhibition or 515 entertainment. 516 (d)Any establishment which is physically located within 517 the premises of any establishment otherwise covered by this 518 subsection, or within the premises of which is physically 519 located any such covered establishment, and which holds itself 520 out as serving patrons of such covered establishment. 521 (12)Vaccination or immunity status, with respect to an 522 individual, means whether he or she has been administered a 523 vaccination for or is otherwise immune to a particular 524 communicable disease. 525 Section 12.Section 760.05, Florida Statutes, is amended to 526 read: 527 760.05Functions of the commission.The commission shall 528 promote and encourage fair treatment and equal opportunity for 529 all persons regardless of race, color, religion, sex, pregnancy, 530 national origin, age, handicap, vaccination or immunity status, 531 or marital status and mutual understanding and respect among all 532 members of all economic, social, racial, religious, and ethnic 533 groups; and shall endeavor to eliminate discrimination against, 534 and antagonism between, religious, racial, and ethnic groups and 535 their members. 536 Section 13.Section 760.07, Florida Statutes, is amended to 537 read: 538 760.07Remedies for unlawful discrimination.Any violation 539 of any Florida statute that makes unlawful discrimination 540 because of race, color, religion, gender, pregnancy, national 541 origin, age, handicap, vaccination or immunity status, or 542 marital status in the areas of education, employment, or public 543 accommodations gives rise to a cause of action for all relief 544 and damages described in s. 760.11(5), unless greater damages 545 are expressly provided for. If the statute prohibiting unlawful 546 discrimination provides an administrative remedy, the action for 547 equitable relief and damages provided for in this section may be 548 initiated only after the plaintiff has exhausted his or her 549 administrative remedy. The term public accommodations does not 550 include lodge halls or other similar facilities of private 551 organizations which are made available for public use 552 occasionally or periodically. The right to trial by jury is 553 preserved in any case in which the plaintiff is seeking actual 554 or punitive damages. 555 Section 14.Section 760.08, Florida Statutes, is amended to 556 read: 557 760.08Discrimination in places of public accommodation. 558 All persons are entitled to the full and equal enjoyment of the 559 goods, services, facilities, privileges, advantages, and 560 accommodations of any place of public accommodation without 561 discrimination or segregation on the ground of race, color, 562 national origin, sex, pregnancy, handicap, vaccination or 563 immunity status, familial status, or religion. 564 Section 15.Subsections (1) and (2), paragraphs (a) and (b) 565 of subsection (3), subsections (4), (5), and (6), and paragraph 566 (a) of subsection (9) of section 760.10, Florida Statutes, are 567 amended, and paragraphs (b), (c), and (d) of subsection (9) of 568 that section are republished, to read: 569 760.10Unlawful employment practices. 570 (1)It is an unlawful employment practice for an employer: 571 (a)To discharge or to fail or refuse to hire any 572 individual, or otherwise to discriminate against any individual 573 with respect to compensation, terms, conditions, or privileges 574 of employment, because of such individuals race, color, 575 religion, sex, pregnancy, national origin, age, handicap, 576 vaccination or immunity status, or marital status. 577 (b)To limit, segregate, or classify employees or 578 applicants for employment in any way which would deprive or tend 579 to deprive any individual of employment opportunities, or 580 adversely affect any individuals status as an employee, because 581 of such individuals race, color, religion, sex, pregnancy, 582 national origin, age, handicap, vaccination or immunity status, 583 or marital status. 584 (2)It is an unlawful employment practice for an employment 585 agency to fail or refuse to refer for employment, or otherwise 586 to discriminate against, any individual because of race, color, 587 religion, sex, pregnancy, national origin, age, handicap, 588 vaccination or immunity status, or marital status or to classify 589 or refer for employment any individual on the basis of race, 590 color, religion, sex, pregnancy, national origin, age, handicap, 591 vaccination or immunity status, or marital status. 592 (3)It is an unlawful employment practice for a labor 593 organization: 594 (a)To exclude or to expel from its membership, or 595 otherwise to discriminate against, any individual because of 596 race, color, religion, sex, pregnancy, national origin, age, 597 handicap, vaccination or immunity status, or marital status. 598 (b)To limit, segregate, or classify its membership or 599 applicants for membership, or to classify or fail or refuse to 600 refer for employment any individual, in any way that would 601 deprive or tend to deprive any individual of employment 602 opportunities, or adversely affect any individuals status as an 603 employee or as an applicant for employment, because of such 604 individuals race, color, religion, sex, pregnancy, national 605 origin, age, handicap, vaccination or immunity status, or 606 marital status. 607 (4)It is an unlawful employment practice for any employer, 608 labor organization, or joint labor-management committee 609 controlling apprenticeship or other training or retraining, 610 including on-the-job training programs, to discriminate against 611 any individual because of race, color, religion, sex, pregnancy, 612 national origin, age, handicap, vaccination or immunity status, 613 or marital status in admission to, or employment in, any program 614 established to provide apprenticeship or other training. 615 (5)Whenever, in order to engage in a profession, 616 occupation, or trade, it is required that a person receive a 617 license, certification, or other credential, become a member or 618 an associate of any club, association, or other organization, or 619 pass any examination, it is an unlawful employment practice for 620 any person to discriminate against any other person seeking such 621 license, certification, or other credential, seeking to become a 622 member or associate of such club, association, or other 623 organization, or seeking to take or pass such examination, 624 because of such other persons race, color, religion, sex, 625 pregnancy, national origin, age, handicap, vaccination or 626 immunity status, or marital status. 627 (6)It is an unlawful employment practice for an employer, 628 labor organization, employment agency, or joint labor-management 629 committee to print, or cause to be printed or published, any 630 notice or advertisement relating to employment, membership, 631 classification, referral for employment, or apprenticeship or 632 other training, indicating any preference, limitation, 633 specification, or discrimination, based on race, color, 634 religion, sex, pregnancy, national origin, age, absence of 635 handicap, vaccination or immunity status, or marital status. 636 (9)Notwithstanding any other provision of this section, it 637 is not an unlawful employment practice under ss. 760.01-760.10 638 for an employer, employment agency, labor organization, or joint 639 labor-management committee to: 640 (a)Take or fail to take any action on the basis of 641 religion, sex, pregnancy, national origin, age, handicap, 642 vaccination or immunity status, or marital status in those 643 certain instances in which religion, sex, condition of 644 pregnancy, national origin, age, absence of a particular 645 handicap, vaccination or immunity status, or marital status is a 646 bona fide occupational qualification reasonably necessary for 647 the performance of the particular employment to which such 648 action or inaction is related. 649 (b)Observe the terms of a bona fide seniority system, a 650 bona fide employee benefit plan such as a retirement, pension, 651 or insurance plan, or a system which measures earnings by 652 quantity or quality of production, which is not designed, 653 intended, or used to evade the purposes of ss. 760.01-760.10. 654 However, no such employee benefit plan or system which measures 655 earnings shall excuse the failure to hire, and no such seniority 656 system, employee benefit plan, or system which measures earnings 657 shall excuse the involuntary retirement of, any individual on 658 the basis of any factor not related to the ability of such 659 individual to perform the particular employment for which such 660 individual has applied or in which such individual is engaged. 661 This subsection shall not be construed to make unlawful the 662 rejection or termination of employment when the individual 663 applicant or employee has failed to meet bona fide requirements 664 for the job or position sought or held or to require any changes 665 in any bona fide retirement or pension programs or existing 666 collective bargaining agreements during the life of the 667 contract, or for 2 years after October 1, 1981, whichever occurs 668 first, nor shall this act preclude such physical and medical 669 examinations of applicants and employees as an employer may 670 require of applicants and employees to determine fitness for the 671 job or position sought or held. 672 (c)Take or fail to take any action on the basis of age, 673 pursuant to law or regulation governing any employment or 674 training program designed to benefit persons of a particular age 675 group. 676 (d)Take or fail to take any action on the basis of marital 677 status if that status is prohibited under its antinepotism 678 policy. 679 Section 16.Subsection (11) is added to section 760.22, 680 Florida Statutes, and subsection (4) of that section is 681 republished, to read: 682 760.22Definitions.As used in ss. 760.20-760.37, the term: 683 (4)Discriminatory housing practice means an act that is 684 unlawful under the terms of ss. 760.20-760.37. 685 (11)Vaccination or immunity status, with respect to an 686 individual, means whether he or she has been administered a 687 vaccination for or is otherwise immune to a particular 688 communicable disease. 689 Section 17.Subsections (1) through (5) of section 760.23, 690 Florida Statutes, are amended, and subsection (6) of that 691 section is republished, to read: 692 760.23Discrimination in the sale or rental of housing and 693 other prohibited practices. 694 (1)It is unlawful to refuse to sell or rent after the 695 making of a bona fide offer, to refuse to negotiate for the sale 696 or rental of, or otherwise to make unavailable or deny a 697 dwelling to any person because of race, color, national origin, 698 sex, disability, vaccination or immunity status, familial 699 status, or religion. 700 (2)It is unlawful to discriminate against any person in 701 the terms, conditions, or privileges of sale or rental of a 702 dwelling, or in the provision of services or facilities in 703 connection therewith, because of race, color, national origin, 704 sex, disability, vaccination or immunity status, familial 705 status, or religion. 706 (3)It is unlawful to make, print, or publish, or cause to 707 be made, printed, or published, any notice, statement, or 708 advertisement with respect to the sale or rental of a dwelling 709 that indicates any preference, limitation, or discrimination 710 based on race, color, national origin, sex, disability, 711 vaccination or immunity status, familial status, or religion or 712 an intention to make any such preference, limitation, or 713 discrimination. 714 (4)It is unlawful to represent to any person because of 715 race, color, national origin, sex, disability, vaccination or 716 immunity status, familial status, or religion that any dwelling 717 is not available for inspection, sale, or rental when such 718 dwelling is in fact so available. 719 (5)It is unlawful, for profit, to induce or attempt to 720 induce any person to sell or rent any dwelling by a 721 representation regarding the entry or prospective entry into the 722 neighborhood of a person or persons of a particular race, color, 723 national origin, sex, disability, vaccination or immunity 724 status, familial status, or religion. 725 (6)The protections afforded under ss. 760.20-760.37 726 against discrimination on the basis of familial status apply to 727 any person who is pregnant or is in the process of securing 728 legal custody of any individual who has not attained the age of 729 18 years. 730 Section 18.Section 760.24, Florida Statutes, is amended to 731 read: 732 760.24Discrimination in the provision of brokerage 733 services.It is unlawful to deny any person access to, or 734 membership or participation in, any multiple-listing service, 735 real estate brokers organization, or other service, 736 organization, or facility relating to the business of selling or 737 renting dwellings, or to discriminate against him or her in the 738 terms or conditions of such access, membership, or 739 participation, on account of race, color, national origin, sex, 740 disability, vaccination or immunity status, familial status, or 741 religion. 742 Section 19.Subsection (1) and paragraph (a) of subsection 743 (2) of section 760.25, Florida Statutes, are amended to read: 744 760.25Discrimination in the financing of housing or in 745 residential real estate transactions. 746 (1)It is unlawful for any bank, building and loan 747 association, insurance company, or other corporation, 748 association, firm, or enterprise the business of which consists 749 in whole or in part of the making of commercial real estate 750 loans to deny a loan or other financial assistance to a person 751 applying for the loan for the purpose of purchasing, 752 constructing, improving, repairing, or maintaining a dwelling, 753 or to discriminate against him or her in the fixing of the 754 amount, interest rate, duration, or other term or condition of 755 such loan or other financial assistance, because of the race, 756 color, national origin, sex, disability, vaccination or immunity 757 status, familial status, or religion of such person or of any 758 person associated with him or her in connection with such loan 759 or other financial assistance or the purposes of such loan or 760 other financial assistance, or because of the race, color, 761 national origin, sex, disability, vaccination or immunity 762 status, familial status, or religion of the present or 763 prospective owners, lessees, tenants, or occupants of the 764 dwelling or dwellings in relation to which such loan or other 765 financial assistance is to be made or given. 766 (2)(a)It is unlawful for any person or entity whose 767 business includes engaging in residential real estate 768 transactions to discriminate against any person in making 769 available such a transaction, or in the terms or conditions of 770 such a transaction, because of race, color, national origin, 771 sex, disability, vaccination or immunity status, familial 772 status, or religion. 773 Section 20.Section 760.26, Florida Statutes, is amended to 774 read: 775 760.26Prohibited discrimination in land use decisions and 776 in permitting of development.It is unlawful to discriminate in 777 land use decisions or in the permitting of development based on 778 race, color, national origin, sex, disability, vaccination or 779 immunity status, familial status, religion, or, except as 780 otherwise provided by law, the source of financing of a 781 development or proposed development. 782 Section 21.Paragraph (a) of subsection (5) of section 783 760.29, Florida Statutes, is amended, and paragraph (a) of 784 subsection (1), subsections (2) and (3), paragraph (a) of 785 subsection (4), and paragraphs (b), (c), and (d) of subsection 786 (5) of that section are republished, to read: 787 760.29Exemptions. 788 (1)(a)Nothing in ss. 760.23, 760.25, and 760.27 applies 789 to: 790 1.Any single-family house sold or rented by its owner, 791 provided such private individual owner does not own more than 792 three single-family houses at any one time. In the case of the 793 sale of a single-family house by a private individual owner who 794 does not reside in such house at the time of the sale or who was 795 not the most recent resident of the house prior to the sale, the 796 exemption granted by this paragraph applies only with respect to 797 one sale within any 24-month period. In addition, the bona fide 798 private individual owner shall not own any interest in, nor 799 shall there be owned or reserved on his or her behalf, under any 800 express or voluntary agreement, title to, or any right to all or 801 a portion of the proceeds from the sale or rental of, more than 802 three single-family houses at any one time. The sale or rental 803 of any single-family house shall be excepted from the 804 application of ss. 760.20-760.37 only if the house is sold or 805 rented: 806 a.Without the use in any manner of the sales or rental 807 facilities or the sales or rental services of any real estate 808 licensee or such facilities or services of any person in the 809 business of selling or renting dwellings, or of any employee or 810 agent of any such licensee or person; and 811 b.Without the publication, posting, or mailing, after 812 notice, of any advertisement or written notice in violation of 813 s. 760.23(3). 814 815 Nothing in this provision prohibits the use of attorneys, escrow 816 agents, abstractors, title companies, and other such 817 professional assistance as is necessary to perfect or transfer 818 the title. 819 2.Rooms or units in dwellings containing living quarters 820 occupied or intended to be occupied by no more than four 821 families living independently of each other, if the owner 822 actually maintains and occupies one of such living quarters as 823 his or her residence. 824 (2)Nothing in ss. 760.20-760.37 prohibits a religious 825 organization, association, or society, or any nonprofit 826 institution or organization operated, supervised, or controlled 827 by or in conjunction with a religious organization, association, 828 or society, from limiting the sale, rental, or occupancy of any 829 dwelling which it owns or operates for other than a commercial 830 purpose to persons of the same religion or from giving 831 preference to such persons, unless membership in such religion 832 is restricted on account of race, color, or national origin. 833 Nothing in ss. 760.20-760.37 prohibits a private club not in 834 fact open to the public, which as an incident to its primary 835 purpose or purposes provides lodgings which it owns or operates 836 for other than a commercial purpose, from limiting the rental or 837 occupancy of such lodgings to its members or from giving 838 preference to its members. 839 (3)Nothing in ss. 760.20-760.37 requires any person 840 renting or selling a dwelling constructed for first occupancy 841 before March 13, 1991, to modify, alter, or adjust the dwelling 842 in order to provide physical accessibility except as otherwise 843 required by law. 844 (4)(a)Any provision of ss. 760.20-760.37 regarding 845 familial status does not apply with respect to housing for older 846 persons. 847 848 A county or municipal ordinance regarding housing for older 849 persons may not contravene the provisions of this subsection. 850 (5)Nothing in ss. 760.20-760.37: 851 (a)Prohibits a person engaged in the business of 852 furnishing appraisals of real property from taking into 853 consideration factors other than race, color, national origin, 854 sex, disability, vaccination or immunity status, familial 855 status, or religion. 856 (b)Limits the applicability of any reasonable local 857 restriction regarding the maximum number of occupants permitted 858 to occupy a dwelling. 859 (c)Requires that a dwelling be made available to an 860 individual whose tenancy would constitute a direct threat to the 861 health or safety of other individuals or whose tenancy would 862 result in substantial physical damage to the property of others. 863 (d)Prohibits conduct against a person because such person 864 has been convicted by any court of competent jurisdiction of the 865 illegal manufacture or distribution of a controlled substance as 866 defined under chapter 893. 867 Section 22.Subsection (1) of section 760.60, Florida 868 Statutes, is amended to read: 869 760.60Discriminatory practices of certain clubs 870 prohibited; remedies. 871 (1)It is unlawful for a person to discriminate against any 872 individual because of race, color, religion, gender, national 873 origin, handicap, vaccination or immunity status, age above the 874 age of 21, or marital status in evaluating an application for 875 membership in a club that has more than 400 members, that 876 provides regular meal service, and that regularly receives 877 payment for dues, fees, use of space, facilities, services, 878 meals, or beverages directly or indirectly from nonmembers for 879 business purposes. It is unlawful for a person, on behalf of 880 such a club, to publish, circulate, issue, display, post, or 881 mail any advertisement, notice, or solicitation that contains a 882 statement to the effect that the accommodations, advantages, 883 facilities, membership, or privileges of the club are denied to 884 any individual because of race, color, religion, gender, 885 national origin, handicap, vaccination or immunity status, age 886 above the age of 21, or marital status. This subsection does not 887 apply to fraternal or benevolent organizations, ethnic clubs, or 888 religious organizations where business activity is not 889 prevalent. 890 Section 23.Paragraph (n) of subsection (3) of section 891 1002.20, Florida Statutes, is amended to read: 892 1002.20K-12 student and parent rights.Parents of public 893 school students must receive accurate and timely information 894 regarding their childs academic progress and must be informed 895 of ways they can help their child to succeed in school. K-12 896 students and their parents are afforded numerous statutory 897 rights including, but not limited to, the following: 898 (3)HEALTH ISSUES. 899 (n)Face covering mandates and quarantine mandates in 900 response to COVID-19. 901 1.A district school board, a district school 902 superintendent, an elected or appointed local official, or any 903 district school board employee may not: 904 a.Require a student to wear a face mask, a face shield, or 905 any other facial covering that fits over the mouth or nose. 906 However, a parent, at the parents sole discretion, may allow 907 his or her child to wear a face mask, a face shield, or any 908 other facial covering that fits over the mouth or nose. This 909 prohibition does not apply to safety equipment required as part 910 of a course of study consistent with occupational or laboratory 911 safety requirements. 912 b.Prohibit a student from attending school or school 913 sponsored activities, prohibit a student from being on school 914 property, or subject a student to restrictions or disparate 915 treatment, based on an exposure to COVID-19, so long as the 916 student remains asymptomatic and has not received a positive 917 test for COVID-19 as defined in s. 381.00319(1). 918 919 A parent of a student, a student who is an emancipated minor, or 920 a student who is 18 years of age or older may bring an action 921 against the school district to obtain a declaratory judgment 922 that an act or practice violates this subparagraph and to seek 923 injunctive relief. A prevailing parent or student, as 924 applicable, must be awarded reasonable attorney fees and court 925 costs. 926 2.A district school board, a district school 927 superintendent, an elected or appointed local official, or any 928 school district employee may not prohibit an employee from 929 returning to work or subject an employee to restrictions or 930 disparate treatment based on an exposure to COVID-19 so long as 931 the employee remains asymptomatic and has not received a 932 positive test for COVID-19 as defined in s. 381.00319(1). 933 Section 24.Subsection (3) of section 1003.22, Florida 934 Statutes, is amended, and paragraph (a) of subsection (4) of 935 that section is republished, to read: 936 1003.22School-entry health examinations; immunization 937 against communicable diseases; exemptions; duties of Department 938 of Health. 939 (3)The Department of Health may adopt rules necessary to 940 administer and enforce this section. The Department of Health, 941 after consultation with the Department of Education, shall adopt 942 rules governing the immunization of children against, the 943 testing for, and the control of preventable communicable 944 diseases. The rules must include procedures for exempting a 945 child from immunization requirements. Immunizations must shall 946 be required for poliomyelitis, diphtheria, rubeola, rubella, 947 pertussis, mumps, tetanus, and other communicable diseases as 948 determined by rules of the Department of Health; however, any 949 immunization approved by the United States Food and Drug 950 Administration only for emergency use may not be required. The 951 manner and frequency of administration of the immunization or 952 testing must shall conform to recognized standards of medical 953 practice. The Department of Health shall supervise and secure 954 the enforcement of the required immunization. Immunizations 955 required by this section must shall be available at no cost from 956 the county health departments. 957 (4)Each district school board and the governing authority 958 of each private school shall establish and enforce policies 959 that: 960 (a)Prior to admittance to or attendance in a public or 961 private school, grades kindergarten through 12, or any other 962 initial entrance into a Florida public or private school, 963 require each child to have on file with the immunization 964 registry a certification of immunization for the prevention of 965 those communicable diseases for which immunization is required 966 by the Department of Health. Any child who is excluded from 967 participation in the immunization registry pursuant to s. 968 381.003(1)(e)2. must present or have on file with the school 969 such certification of immunization. Certification of 970 immunization shall be made on forms approved and provided by the 971 Department of Health or be on file with the immunization 972 registry and shall become a part of each students permanent 973 record, to be transferred when the student transfers, is 974 promoted, or changes schools. The transfer of such immunization 975 certification by Florida public schools shall be accomplished 976 using the Florida Automated System for Transferring Education 977 Records and shall be deemed to meet the requirements of this 978 section. 979 Section 25.For the purpose of incorporating the amendments 980 made by this act to section 381.00316, Florida Statutes, in a 981 reference thereto, subsection (1) of section 381.00318, Florida 982 Statutes, is reenacted to read: 983 381.00318Complaints and investigations regarding mandate 984 prohibitions; public records exemption. 985 (1)A complaint alleging a business entitys, a 986 governmental entitys, or an educational institutions violation 987 of s. 381.00316, s. 381.00317, or s. 381.00319, and all 988 information relating to an investigation of such complaint, held 989 by the Department of Legal Affairs or the Department of Health 990 is confidential and exempt from s. 119.07(1) and s. 24(a), Art. 991 I of the State Constitution until the investigation is completed 992 or ceases to be active. For purposes of this section, an 993 investigation is considered active while such investigation is 994 being conducted by the Department of Legal Affairs or the 995 Department of Health with a reasonable good faith belief that it 996 may lead to a determination of whether there was a violation of 997 s. 381.00316, s. 381.00317, or s. 381.00319. An investigation 998 does not cease to be active if the Department of Legal Affairs 999 or the Department of Health is proceeding with reasonable 1000 dispatch and there is a good faith belief that action may be 1001 initiated by the Department of Legal Affairs or the Department 1002 of Health. 1003 Section 26.For the purpose of incorporating the amendments 1004 made by this act to sections 760.01 and 760.02, Florida 1005 Statutes, in references thereto, subsection (1) of section 1006 760.11, Florida Statutes, is reenacted to read: 1007 760.11Administrative and civil remedies; construction. 1008 (1)Any person aggrieved by a violation of ss. 760.01 1009 760.10 may file a complaint with the commission within 365 days 1010 of the alleged violation, naming the employer, employment 1011 agency, labor organization, or joint labor-management committee, 1012 or, in the case of an alleged violation of s. 760.10(5), the 1013 person responsible for the violation and describing the 1014 violation. Any person aggrieved by a violation of s. 509.092 may 1015 file a complaint with the commission within 365 days of the 1016 alleged violation naming the person responsible for the 1017 violation and describing the violation. The commission, a 1018 commissioner, or the Attorney General may in like manner file 1019 such a complaint. On the same day the complaint is filed with 1020 the commission, the commission shall clearly stamp on the face 1021 of the complaint the date the complaint was filed with the 1022 commission. In lieu of filing the complaint with the commission, 1023 a complaint under this section may be filed with the federal 1024 Equal Employment Opportunity Commission or with any unit of 1025 government of the state which is a fair-employment-practice 1026 agency under 29 C.F.R. ss. 1601.70-1601.80. If the date the 1027 complaint is filed is clearly stamped on the face of the 1028 complaint, that date is the date of filing. The date the 1029 complaint is filed with the commission for purposes of this 1030 section is the earliest date of filing with the Equal Employment 1031 Opportunity Commission, the fair-employment-practice agency, or 1032 the commission. The complaint shall contain a short and plain 1033 statement of the facts describing the violation and the relief 1034 sought. The commission may require additional information to be 1035 in the complaint. The commission, within 5 days of the complaint 1036 being filed, shall by registered mail send a copy of the 1037 complaint to the person who allegedly committed the violation. 1038 The person who allegedly committed the violation may file an 1039 answer to the complaint within 25 days of the date the complaint 1040 was filed with the commission. Any answer filed shall be mailed 1041 to the aggrieved person by the person filing the answer. Both 1042 the complaint and the answer shall be verified. 1043 Section 27.For the purpose of incorporating the amendments 1044 made by this act to section 760.10, Florida Statutes, in a 1045 reference thereto, subsection (15) of section 760.11, Florida 1046 Statutes, is reenacted to read: 1047 760.11Administrative and civil remedies; construction. 1048 (15)In any civil action or administrative proceeding 1049 brought pursuant to this section, a finding that a person 1050 employed by the state or any governmental entity or agency has 1051 violated s. 760.10 shall as a matter of law constitute just or 1052 substantial cause for such persons discharge. 1053 Section 28.For the purpose of incorporating the amendments 1054 made by this act to sections 760.25 and 760.26, Florida 1055 Statutes, in references thereto, section 760.20, Florida 1056 Statutes, is reenacted to read: 1057 760.20Fair Housing Act; short title.Sections 760.20 1058 760.37 may be cited as the Fair Housing Act. 1059 Section 29.For the purpose of incorporating the amendments 1060 made by this act to sections 760.25 and 760.26, Florida 1061 Statutes, in references thereto, section 760.30, Florida 1062 Statutes, is reenacted to read: 1063 760.30Administration of ss. 760.20-760.37. 1064 (1)The authority and responsibility for administering ss. 1065 760.20-760.37 is in the commission. 1066 (2)The commission may delegate any of its functions, 1067 duties, and powers to its employees, including functions, 1068 duties, and powers with respect to investigating, conciliating, 1069 hearing, determining, ordering, certifying, reporting, or 1070 otherwise acting as to any work, business, or matter under ss. 1071 760.20-760.37. 1072 Section 30.For the purpose of incorporating the amendments 1073 made by this act to sections 760.25 and 760.26, Florida 1074 Statutes, in references thereto, subsections (4) and (5) of 1075 section 760.31, Florida Statutes, are reenacted to read: 1076 760.31Powers and duties of commission.The commission 1077 shall: 1078 (4)Administer the programs and activities relating to 1079 housing in a manner affirmatively to further the policies of ss. 1080 760.20-760.37. 1081 (5)Adopt rules necessary to implement ss. 760.20-760.37 1082 and govern the proceedings of the commission in accordance with 1083 chapter 120. Commission rules shall clarify terms used with 1084 regard to accessibility for persons with disabilities, 1085 exceptions from accessibility requirements based on terrain or 1086 site characteristics, and requirements related to housing for 1087 older persons. 1088 Section 31.For the purpose of incorporating the amendments 1089 made by this act to sections 760.25 and 760.26, Florida 1090 Statutes, in references thereto, subsections (1), (3), (4), and 1091 (7) of section 760.34, Florida Statutes, are reenacted to read: 1092 760.34Enforcement. 1093 (1)Any person who claims to have been injured by a 1094 discriminatory housing practice or who believes that he or she 1095 will be injured by a discriminatory housing practice that is 1096 about to occur may file a complaint with the commission. 1097 Complaints shall be in writing and contain such information and 1098 be in such form as the commission requires. Upon receipt of such 1099 a complaint, the commission shall furnish a copy to the person 1100 or persons who allegedly committed the discriminatory housing 1101 practice or are about to commit the alleged discriminatory 1102 housing practice. Within 100 days after receiving a complaint, 1103 or within 100 days after the expiration of any period of 1104 reference under subsection (3), the commission shall investigate 1105 the complaint and give notice in writing to the aggrieved person 1106 whether it intends to resolve it. If the commission decides to 1107 resolve the complaint, it shall proceed to try to eliminate or 1108 correct the alleged discriminatory housing practice by informal 1109 methods of conference, conciliation, and persuasion. Insofar as 1110 possible, conciliation meetings shall be held in the cities or 1111 other localities where the discriminatory housing practices 1112 allegedly occurred. Nothing said or done in the course of such 1113 informal endeavors may be made public or used as evidence in a 1114 subsequent proceeding under ss. 760.20-760.37 without the 1115 written consent of the persons concerned. Any employee of the 1116 commission who makes public any information in violation of this 1117 provision is guilty of a misdemeanor of the first degree, 1118 punishable as provided in s. 775.082 or s. 775.083. 1119 (3)If a local fair housing law provides rights and 1120 remedies for alleged discriminatory housing practices which are 1121 substantially equivalent to the rights and remedies provided in 1122 ss. 760.20-760.37, the commission shall notify the appropriate 1123 local agency of any complaint filed under ss. 760.20-760.37 1124 which appears to constitute a violation of the local fair 1125 housing law, and the commission shall take no further action 1126 with respect to such complaint if the local law enforcement 1127 official has, within 30 days after the date the alleged offense 1128 was brought to his or her attention, commenced proceedings in 1129 the matter. In no event shall the commission take further action 1130 unless it certifies that in its judgment, under the 1131 circumstances of the particular case, the protection of the 1132 rights of the parties or the interests of justice require such 1133 action. 1134 (4)The aggrieved person may commence a civil action in any 1135 appropriate court against the respondent named in the complaint 1136 or petition for an administrative determination under s. 760.35 1137 to enforce the rights granted or protected by ss. 760.20-760.37 1138 and is not required to petition for an administrative hearing or 1139 exhaust administrative remedies before commencing such action. 1140 If, as a result of its investigation under subsection (1), the 1141 commission finds there is reasonable cause to believe that a 1142 discriminatory housing practice has occurred, at the request of 1143 the aggrieved person, the Attorney General may bring an action 1144 in the name of the state on behalf of the aggrieved person to 1145 enforce ss. 760.20-760.37. 1146 (7)(a)The commission may institute a civil action in any 1147 appropriate court if it is unable to obtain voluntary compliance 1148 with ss. 760.20-760.37. The commission does not have to petition 1149 for an administrative hearing or exhaust its administrative 1150 remedies before bringing a civil action. 1151 (b)The court may impose the following fines for each 1152 violation of ss. 760.20-760.37: 1153 1.Up to $10,000, if the respondent has not previously been 1154 found guilty of a violation of ss. 760.20-760.37. 1155 2.Up to $25,000, if the respondent has been found guilty 1156 of one prior violation of ss. 760.20-760.37 within the preceding 1157 5 years. 1158 3.Up to $50,000, if the respondent has been found guilty 1159 of two or more violations of ss. 760.20-760.37 within the 1160 preceding 7 years. 1161 1162 In imposing a fine under this paragraph, the court shall 1163 consider the nature and circumstances of the violation, the 1164 degree of culpability, the history of prior violations of ss. 1165 760.20-760.37, the financial circumstances of the respondent, 1166 and the goal of deterring future violations of ss. 760.20 1167 760.37. 1168 (c)The court shall award reasonable attorney fees and 1169 costs to the commission in any action in which the commission 1170 prevails. 1171 Section 32.For the purpose of incorporating the amendments 1172 made by this act to sections 760.25 and 760.26, Florida 1173 Statutes, in references thereto, subsection (1) and paragraph 1174 (a) of subsection (5) of section 760.35, Florida Statutes, are 1175 reenacted to read: 1176 760.35Civil actions and relief; administrative 1177 procedures. 1178 (1)An aggrieved person may commence a civil action no 1179 later than 2 years after an alleged discriminatory housing 1180 practice has occurred. However, the court shall continue a civil 1181 case brought under this section or s. 760.34 before bringing it 1182 to trial if the court believes that the conciliation efforts of 1183 the commission or local agency are likely to result in 1184 satisfactory settlement of the discriminatory housing practice 1185 complained of in the complaint made to the commission or to the 1186 local agency and which practice forms the basis for the action 1187 in court. Any sale, encumbrance, or rental consummated before 1188 the issuance of any court order issued under the authority of 1189 ss. 760.20-760.37 and involving a bona fide purchaser, 1190 encumbrancer, or tenant without actual notice of the existence 1191 of the filing of a complaint or civil action under ss. 760.20 1192 760.37 is not affected. 1193 (5)(a)If the commission is unable to obtain voluntary 1194 compliance with ss. 760.20-760.37 or has reasonable cause to 1195 believe that a discriminatory practice has occurred: 1196 1.The commission may institute an administrative 1197 proceeding under chapter 120; or 1198 2.The aggrieved person may request administrative relief 1199 under chapter 120 within 30 days after receiving notice that the 1200 commission has concluded its investigation under s. 760.34. 1201 Section 33.For the purpose of incorporating the amendments 1202 made by this act to sections 760.25 and 760.26, Florida 1203 Statutes, in references thereto, section 760.37, Florida 1204 Statutes, is reenacted to read: 1205 760.37Interference, coercion, or intimidation; enforcement 1206 by administrative or civil action.It is unlawful to coerce, 1207 intimidate, threaten, or interfere with any person in the 1208 exercise of, or on account of her or his having exercised, or on 1209 account of her or his having aided or encouraged any other 1210 person in the exercise of any right granted under ss. 760.20 1211 760.37. This section may be enforced by appropriate 1212 administrative or civil action. 1213 Section 34.For the purpose of incorporating the amendment 1214 made by this act to section 1003.22, Florida Statutes, in a 1215 reference thereto, paragraph (a) of subsection (6) of section 1216 1002.42, Florida Statutes, is reenacted to read: 1217 1002.42Private schools. 1218 (6)IMMUNIZATIONS.The governing authority of each private 1219 school shall: 1220 (a)Require students to present a certification of 1221 immunization in accordance with the provisions of s. 1003.22(3) 1222 (11). 1223 Section 35.This act shall take effect July 1, 2024.