Florida Statute 760.50 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 760.50

Total Results: 15

Housing Opportunities Project for Excellence, Inc. v. Spv Realty, Lc

Court: District Court of Appeal of Florida | Date Filed: 2016-12-21

Citation: 212 So. 3d 419, 2016 Fla. App. LEXIS 18680

Snippet: basis of his HIV-positive condition under section 760.50 of the *423Florida Statutes,6 after he voluntarily

Byrd v. BT FOODS, INC.

Court: District Court of Appeal of Florida | Date Filed: 2009-12-02

Citation: 26 So. 3d 600, 22 Am. Disabilities Cas. (BNA) 1445, 2009 Fla. App. LEXIS 18431, 2009 WL 4282945

Snippet: violation of the Florida Omnibus AIDS Act, section 760.50(3)(b), Florida Statutes;2 (2) violation of the

Byrd v. BT Foods, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2007-02-14

Citation: 948 So. 2d 921, 2007 WL 461322

Snippet: violation of (1) the Florida Omnibus AIDS Act, section 760.50(3)(b), Florida Statutes; and (2) the Florida Civil

Belletete v. Halford

Court: District Court of Appeal of Florida | Date Filed: 2004-11-10

Citation: 886 So. 2d 308, 2004 WL 2534244

Snippet: Housing Act (FHA), and Florida Statutes section 760.50, in addition to alleging negligent infliction of

Ago

Court: Florida Attorney General Reports | Date Filed: 1998-02-25

Snippet: are enrolled in a group insurance plan.8 Section 760.50(5), Florida Statutes, states that every employer

Honig v. Florida Commission on Human Relations

Court: District Court of Appeal of Florida | Date Filed: 1995-08-25

Citation: 659 So. 2d 1236, 1995 Fla. App. LEXIS 9002, 1995 WL 502096

Snippet: is with respect to AIDS and related illnesses. § 760.50, Fla.Stat. (1991). Although the purpose of the

Ago

Court: Florida Attorney General Reports | Date Filed: 1994-09-28

Snippet: legal representative has been obtained.7 Section 760.50(5), Florida Statutes, states in part that every

Weaver v. School Bd. of Leon County

Court: District Court of Appeal of Florida | Date Filed: 1993-09-14

Citation: 624 So. 2d 761, 1993 Fla. App. LEXIS 9224, 1993 WL 347689

Snippet: was based on AIDS discrimination statute, section 760.50, Florida Statutes (1991), but landlord's complaint

X Corp. v. Y Person

Court: District Court of Appeal of Florida | Date Filed: 1993-08-06

Citation: 622 So. 2d 1098, 2 Am. Disabilities Cas. (BNA) 1201, 1993 Fla. App. LEXIS 8191, 63 Empl. Prac. Dec. (CCH) 42,697, 1993 WL 292069

Snippet: duties, and responsibilities concerning section 760.50, Florida Statutes (1991), which prohibits discrimination

Meli Inv. Corp. v. Or

Court: District Court of Appeal of Florida | Date Filed: 1993-07-06

Citation: 621 So. 2d 676, 1993 Fla. App. LEXIS 7030, 1993 WL 243125

Snippet: deficiency syndrome (AIDS), pursuant to section 760.50, Florida Statutes (1991). The partial final judgment

"Y" Person v. "X" Corp.

Court: District Court of Appeal of Florida | Date Filed: 1992-10-07

Citation: 606 So. 2d 1219, 2 Am. Disabilities Cas. (BNA) 278, 1992 Fla. App. LEXIS 10443, 60 Empl. Prac. Dec. (CCH) 41,933, 60 Fair Empl. Prac. Cas. (BNA) 234, 1992 WL 275623

Snippet: for a declaration1 of its rights under section 760.50, Florida Statutes (1989), and section 381.609,

Hummer v. Unemployment Appeals Com'n

Court: District Court of Appeal of Florida | Date Filed: 1991-01-10

Citation: 573 So. 2d 135, 6 I.E.R. Cas. (BNA) 176, 1991 Fla. App. LEXIS 129, 1991 WL 1090

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

Espirito Santo Bank of Florida v. Green Hills/Southland Pines Community Ass'n

Court: District Court of Appeal of Florida | Date Filed: 1990-07-17

Citation: 565 So. 2d 756, 1990 Fla. App. LEXIS 5169, 1990 WL 98586

Snippet: Florida Housing Act of 1972, and sections 760.21-760.50, Florida Statutes (1988). Dade County’s response

Florida Bar v. Weil

Court: Supreme Court of Florida | Date Filed: 1979-07-17

Citation: 373 So. 2d 659

Snippet: advising him that he was holding a balance of $4,760.50 in the Estate and asked for documentation showing

Nielsen v. Paneil, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1969-10-08

Citation: 227 So. 2d 883, 1969 Fla. App. LEXIS 5183

Snippet: The order also assessed against the plaintiff $2,760.50 for 1963-1967 taxes paid by defendant on the land