The 2023 Florida Statutes (including Special Session C)

Title XLIV
CIVIL RIGHTS

Chapter 760
DISCRIMINATION IN THE TREATMENT OF PERSONS; MINORITY REPRESENTATION

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F.S. 760.50

760.50 Discrimination on the basis of AIDS, AIDS-related complex, and HIV prohibited.—

(1) The Legislature finds and declares that persons infected or believed to be infected with human immunodeficiency virus have suffered and will continue to suffer irrational and scientifically unfounded discrimination. The Legislature further finds and declares that society itself is harmed by this discrimination, as otherwise able-bodied persons are deprived of the means of supporting themselves, providing for their own health care, housing themselves, and participating in the opportunities otherwise available to them in society. The Legislature further finds and declares that remedies are needed to correct these problems.

(2) Any person with or perceived as having acquired immune deficiency syndrome, acquired immune deficiency syndrome related complex, or human immunodeficiency virus shall have every protection made available to handicapped persons.

(3)(a) No person may require an individual to take a human immunodeficiency virus-related test as a condition of hiring, promotion, or continued employment unless the absence of human immunodeficiency virus infection is a bona fide occupational qualification for the job in question.

(b) No person may fail or refuse to hire or discharge any individual, segregate or classify any individual in any way which would deprive or tend to deprive that individual of employment opportunities or adversely affect his or her status as an employee, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of knowledge or belief that the individual has taken a human immunodeficiency virus test or the results or perceived results of such test unless the absence of human immunodeficiency virus infection is a bona fide occupational qualification of the job in question.

(c) A person who asserts that a bona fide occupational qualification exists for human immunodeficiency virus-related testing shall have the burden of proving that:

1. The human immunodeficiency virus-related test is necessary to ascertain whether an employee is currently able to perform in a reasonable manner the duties of the particular job or whether an employee will present a significant risk of transmitting human immunodeficiency virus infection to other persons in the course of normal work activities; and

2. There exists no means of reasonable accommodation short of requiring that the individual be free of human immunodeficiency virus infection.

(4)(a) A person may not discriminate against an otherwise qualified individual in housing, public accommodations, or governmental services on the basis of the fact that such individual is, or is regarded as being, infected with human immunodeficiency virus.

(b) A person or other entity receiving or benefiting from state financial assistance may not discriminate against an otherwise qualified individual on the basis of the fact that such individual is, or is regarded as being, infected with human immunodeficiency virus.

(c) A person who asserts that an individual who is infected with human immunodeficiency virus is not otherwise qualified shall have the burden of proving that no reasonable accommodation can be made to prevent the likelihood that the individual will, under the circumstances involved, expose other individuals to a significant possibility of being infected with human immunodeficiency virus.

(d) A person may not fail or refuse to hire or discharge any individual, segregate or classify any individual in any way which would deprive or tend to deprive that individual of employment opportunities or adversely affect his or her status as an employee, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment on the basis of the fact that the individual is a licensed health care professional or health care worker who treats or provides patient care to persons infected with human immunodeficiency virus.

(5) Every employer who provides or administers health insurance benefits or life insurance benefits to its employees shall maintain the confidentiality of information relating to the medical condition or status of any person covered by such insurance benefits. Such information in the possession of a public employer is exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. An employer shall be liable in damages to any person damaged by its failure to implement such a procedure.

(6)(a) Any person aggrieved by a violation of this section shall have a right of action in the circuit court and may recover for each violation:

1. Against any person who violates a provision of this section, liquidated damages of $1,000 or actual damages, whichever is greater.

2. Against any person who intentionally or recklessly violates a provision of this section, liquidated damages of $5,000 or actual damages, whichever is greater.

3. Reasonable attorney’s fees.

4. Such other relief, including an injunction, as the court may deem appropriate.

(b) Nothing in this section limits the right of the person aggrieved by a violation of this section to recover damages or other relief under any other applicable law.

History.—s. 45, ch. 88-380; s. 14, ch. 89-350; s. 6, ch. 94-90; s. 421, ch. 96-406; s. 1796, ch. 97-102.

F.S. 760.50 on Google Scholar

F.S. 760.50 on Casetext

Amendments to 760.50

Arrestable Offenses / Crimes under Fla. Stat. 760.50

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 760.50.

Annotations, Discussions, Cases:

Cases from cite.case.law:

HOUSING OPPORTUNITIES PROJECT, v. SPV REALTY, LC,, 212 So. 3d 419 (Fla. Dist. Ct. App. 2016)

. . . Florida Civil Rights Act, and for discrimination on the basis of his HIV-positive condition under section 760.50 . . . of the same “Civil Rights” chapter of the Florida law, the HIV-AIDS discrimination statute, section 760.50 . . .

BYRD, v. BT FOODS, INC. d b a s a, 26 So. 3d 600 (Fla. Dist. Ct. App. 2009)

. . . HIV discrimination and contained three counts: (1) violation of the Florida Omnibus AIDS Act, section 760.50 . . . Stat. § 760.50, prohibits employers from discharging an employee or otherwise discriminating against . . .

PADILLA, v. MANLAPAZ a k a a k a a k a d b a a k a a k a d b a a k a a k a a k a d b a a k a a k a, 643 F. Supp. 2d 302 (E.D.N.Y. 2009)

. . . For the periods where records were provided (November 7, 2005 and January 23, 2006) plaintiff worked 760.50 . . .

CULPEPPER, v. IRWIN MORTGAGE CORPORATION, f. k. a. a a v. f. k. a., 491 F.3d 1260 (11th Cir. 2007)

. . . At the closing of the transaction, the Culpeppers directly paid Premiere a loan origination fee of $760.50 . . . In the case of the Culpeppers, Premiere’s compensation consisted of a loan origination fee of $760.50 . . .

A. ALBRA, v. ADVAN, INC., 490 F.3d 826 (11th Cir. 2007)

. . . . § 760.50. . . . We also hold that individuals are not amenable to private suit for violating § 760.50(3)(b) of the FOAA . . . Stat. § 760.50. . . . Stat. § 760.50(3)(b). . . . Stat. § 760.50(2) (emphasis added). The Florida Civil Rights Act (“FCRA”), Fla. . . .

A. ALBRA, v. CITY OF FORT LAUDERDALE,, 232 F. App'x 885 (11th Cir. 2007)

. . . . § 760.50 (“Claim 7”). . . . STAT. § 760.50, a person with HTV is entitled to the same protections as a disabled person, and discrimination . . . STAT. § 760.50(3) and (4). According to FLA. . . . STAT. § 760.50. . . .

BYRD, v. BT FOODS, INC. d b a s a, 948 So. 2d 921 (Fla. Dist. Ct. App. 2007)

. . . Byrd asserted causes of action for violation of (1) the Florida Omnibus AIDS Act, section 760.50(3)(b . . . We also reverse the dismissal of the count seeking relief under section 760.50. . . . While we find that section 760.50 and the FCRA impose the identical standards for evaluating employment . . . discrimination, see Solorio, 2002 WL 485284 at n. 2, we agree with Byrd that section 760.50 does not . . . Nothing in the statute imposes such a requirement; section 760.50(3)(b) prohibits discrimination based . . .

CULPEPPER, v. INLAND MORTGAGE CORPORATION, v. f k a, 243 F.R.D. 459 (N.D. Ala. 2006)

. . . When the transaction closed on December 15, 1995, the Culpeppers paid Premiere an origination fee of $760.50 . . .

BELLETETE, v. HALFORD,, 886 So. 2d 308 (Fla. Dist. Ct. App. 2004)

. . . the Florida Civil Rights Act (FCRA), the Florida Fair Housing Act (FHA), and Florida Statutes section 760.50 . . . a tenant is not required as a prerequisite to a discrimination claim under Florida Statutes section 760.50 . . . In this count, Belletete seeks relief under the FCRA, citing sections 760.35 and 760.50. . . . Legal action is simply not the sine qua non of discrimination under section 760.50. . . . HIV-positive status is defined as a handicap by section 760.50(2). . . .

In VANDERVEER ESTATES HOLDING, LLC,, 293 B.R. 560 (Bankr. E.D.N.Y. 2003)

. . . also agreed that the rent stabilization guidelines would permit an increase in the rent by 18%, to $760.50 . . .

CHOCKLA, v. CELEBRITY CRUISE LINES, INC., 47 F. Supp. 2d 1365 (S.D. Fla. 1999)

. . . Wrongful Termination under Florida Statute § 760.50(3) In Count II of her First Amended Complaint, Plaintiff . . . claims that she was wrongfully terminated in violation of Florida Statute § 760.50(3)(b), which provides . . .

CULPEPPER v. INLAND MORTGAGE CORPORATION, N. a a v. d b a, 189 F.R.D. 668 (N.D. Ala. 1999)

. . . When the transaction closed on December 15, 1995, the Culpeppers paid Premiere an origination fee of $760.50 . . .

CULPEPPER v. INLAND MORTGAGE CORPORATION,, 132 F.3d 692 (11th Cir. 1998)

. . . When the transaction closed on December 15, 1995, the Culpeppers paid Premiere an origination fee of $760.50 . . . No evidence suggests that this $760.50 payment was not intended by both Premiere and the Culpeppers to . . .

HUCK, v. MEGA NURSING SERVICES, INC. M., 989 F. Supp. 1462 (S.D. Fla. 1997)

. . . . § 794), The Florida Omnibus AIDS Act (§ 760.50, Florida Statutes) and The Florida Civil Rights Act . . . Finally, Plaintiff asserts a claim under the Florida Omnibus AIDS Act Fla Stat. § 760.50. . . . immunodeficiency virus infection is a bona fide occupational qualification of the job in question. § 760.50 . . .

KAUFMAN, v. CHECKERS DRIVE- IN RESTAURANTS, INC. a, 122 F.3d 892 (11th Cir. 1997)

. . . . § 760.50. Count Five sought recovery under the Florida Civil Rights Act, Fla. . . .

CULPEPPER v. INLAND MORTGAGE CORPORATION,, 953 F. Supp. 367 (N.D. Ala. 1997)

. . . given to the Culpeppers at the closing showed that the Culpeppers paid Premiere a 1% origination fee ($760.50 . . .

In CALIFORNIA FIDELITY, INC. J. DUFF, v. UNITED STATES TRUSTEE, 198 B.R. 567 (B.A.P. 9th Cir. 1996)

. . . submitted to the bankruptcy court requested the following fees and costs: Hoffman, $828.75 in fees; Sims, $760.50 . . .

M. HONIG, v. FLORIDA COMMISSION ON HUMAN RELATIONS,, 659 So. 2d 1236 (Fla. Dist. Ct. App. 1995)

. . . . § 760.50, Fla.Stat. (1991). . . .

J. WEAVER, v. SCHOOL BOARD OF LEON COUNTY,, 624 So. 2d 761 (Fla. Dist. Ct. App. 1993)

. . . enforcement case to the extent tenants’ counterclaim was based on AIDS discrimination statute, section 760.50 . . .

X CORPORATION, v. Y PERSON,, 622 So. 2d 1098 (Fla. Dist. Ct. App. 1993)

. . . , inter alia, that it is in doubt as to its rights, duties, and responsibilities concerning section 760.50 . . . Section 760.50(3)(b) provides that no person may deprive an individual of employment opportunities or . . . Other subsections of section 760.50 place the burden on the employer to prove that testing is necessary . . . made to prevent exposing other individuals to a significant possibility of being infected with HIV. § 760.50 . . . absence of HIV is a bona fide occupational qualification of the job in question pursuant to section 760.50 . . .

MELI INVESTMENT CORP. v. O. R., 621 So. 2d 676 (Fla. Dist. Ct. App. 1993)

. . . and discrimination on the basis of acquired immune deficiency syndrome (AIDS), pursuant to section 760.50 . . . Tenants timely filed a motion for attorneys fees and costs, as provided for in sections 83.48 and 760.50 . . .

Y PERSON, v. X CORPORATION,, 606 So. 2d 1219 (Fla. Dist. Ct. App. 1992)

. . . “X” Corporation sued for a declaration of its rights under section 760.50, Florida Statutes (1989), and . . . Section 760.50, prohibits an employer from discharging an employee in the knowledge or belief that the . . . In addition to a declaration of its rights under section 760.50, Florida Statutes, “X” Corporation asked . . .

SEVERINO, v. NORTH FORT MYERS FIRE CONTROL DISTRICT,, 935 F.2d 1179 (11th Cir. 1991)

. . . . § 760.50(2). . . .

W. HUMMER III, v. UNEMPLOYMENT APPEALS COMMISSION,, 573 So. 2d 135 (Fla. Dist. Ct. App. 1991)

. . . In 1989, the Legislature enacted section 760.50 which expressly provides that any person with or perceived . . .

ESPIRITO SANTO BANK OF FLORIDA, v. GREEN HILLS SOUTHLAND PINES COMMUNITY ASSOCIATION, INC. F. a, 565 So. 2d 756 (Fla. Dist. Ct. App. 1990)

. . . violation of Florida law, specifically, chapter 420, the Florida Housing Act of 1972, and sections 760.21-760.50 . . .

JOHN DOE v. CINCINNATI LIFE INSURANCE COMPANY,, 38 Fla. Supp. 2d 136 (Fla. Cir. Ct. 1990)

. . . . § 760.50 (1988 Supp.). Gigi’s attacks Count X on two grounds. . . .

R. GRIFFIN, v. OZARK COUNTY, MISSOURI, 688 F. Supp. 1372 (W.D. Mo. 1988)

. . . /hour $ 2,277.00 18.3 hours $60.00/hour 1,098.00 1.2 hours $62.50/hour 75.00 11.7 hours $65.00/hour 760.50 . . . per hour ($1098.00), plus 1.2 hours at $62.50 per hour ($75.00), plus 11.7 hours at $65.00 per hour ($760.50 . . .

H. HYATT O. P. v. M. HECKLER,, 618 F. Supp. 227 (W.D.N.C. 1985)

. . . 15.70 hours X $30 per hour = 471.00 Williams ........................ 25.35 hours X $30 per hour = 760.50 . . .

GOROD, v. UNITED STATES, 86 F.R.D. 225 (D. Mass. 1980)

. . . In Civil Action 76-3254 plaintiff seeks a refund in the amount of $760.50 for income taxes paid for the . . .

PLANTATION PUBLIC SERVICE CORPORATION, 34 Fla. Supp. 178 (Fla. P.S.C. 1970)

. . . . $760.50 Prorata share of force main................ $192.00 Prorata share of lift station ......... . . .

W. WIRTZ, v. P. BRADY, P., 267 F. Supp. 168 (W.D. Pa. 1967)

. . . Lloyd — $556.50; Harry Logan —$146.69; Andrew Lynch — $947.75; John McGraw — $74.50; George McMarlin — $760.50 . . .

EMPIE v. UNITED STATES, 131 F.2d 481 (4th Cir. 1942)

. . . and 1722 of the -Code of North Carolina of 1939, assessed the damages at $88.50 to tract No. 34 and $760.50 . . .

E. I. DU PONT DE NEMOURS AND COMPANY v. THE UNITED STATES, 58 Ct. Cl. 450 (Ct. Cl. 1923)

. . . nails_ $351. 87 8-penny nails_ 4, 472.29 10-penny nails_ 1,216.14 5-penny nails_ 1, 615. 30 Cap screws- 760.50 . . .